Confidential
Settlement – $322,500Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
David M. Frishman
(Lewis Brisbois Bisgaard and Smith LLP)
Kara A. Pape
(Tyson & Mendes, LLP)
Experts
Plaintiff
Stephen I. Mann
(medical)
Carol R. Hyland M.A.
(technical)
John D. Hancock
(John D. Hancock Law Group PLLC)
(technical)
Elvert Nelson
(medical)
Sophia Loren Cuba
(medical)
Facts
Jasper Burch, a 51-year-old truck driver, was driving an 18-wheel tractor-trailer northbound on Highway 5 in Siskiyou County. Burch had exited a construction zone, traveling below the posted 65 mph speed limit when another 18-wheel tractor-trailer owned by KKW Trucking Inc., struck Burch's truck in the rear. The driver of the KKW truck was Corey Bell. Burch sued KKW Trucking.
Settlement Discussions
The plaintiff demanded $1,000,000 and the defense offered $225,000.
Injuries
The plaintiff suffered an annular tear at L4-5 and L5-S1. An evaluation determined that the plaintiff was a poor surgical risk. Surgeons were, therefore, unwilling to perform a recommended spinal fusion on him. The plaintiff continues to treat his pain with pain medication.
Result
$322,500
Other Information
The case settled for $322,500 of the $1 million policy limits.
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