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CONFIDENTIAL

Jun. 1, 2005

Personal Injury
Auto v. Auto
Broadside Collision

Confidential

Settlement –  $90,000

Judge

Stanley M. Weisberg

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Paul S. Passovoy
(Law Offices of Paul S. Passovoy)


Defendant

James R. York


Experts

Plaintiff

Michael A. Kropf
(medical)

Facts

On Feb. 12, 2004, the plaintiff, a sales executive with IBM, was traveling westbound on Ventura Boulevard, in the curb lane, approaching Kester Avenue in Sherman Oaks. Due to heavy traffic conditions, vehicles situated in the number one and two westbound lanes had come to a stop. The defendant, traveling eastbound on Ventura Boulevard, pulled into a left turn lane at Kester Avenue and upon observing the stopped traffic conditions on westbound Ventura Boulevard, attempted a left turn without having a clear view of the plaintiff's approaching vehicle in the curb lane, causing a broadside impact. There was no dispute that the traffic signal was green for the plaintiff at the time he entered the intersection.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand for the defendant's policy limit of $100,000. The defendant offered $75,000. The case settled at $90,000.

Specials in Evidence

$16,500 (lien) waived waived $2,000 (estimated)

Injuries

The plaintiff claimed a herniated disc at L4-5 resulting in a diskectomy.


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