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CONFIDENTIAL

Jun. 21, 2005

Personal Injury
Auto v. Trailer
Wrongful Death

Confidential

Settlement –  $2,900,000

Judge

Sidney P. Chapin

Court

Kern Superior


Attorneys

Plaintiff

Steve W. Nichols

Todd A. Gall


Defendant

Robert Long

John F. Petrini

Colleen A. Deziel


Experts

Plaintiff

Arthur L. Atkinson
(technical)

Defendant

Gregory Steffler
(technical)

A. Jubin Merati Ph.D.
(technical)

Facts

Joy Kimpo, a 50-year-old pediatrician, was driving her 1999 Mitsubishi Montero on SR-43 in Kern County on March 11, 2003, when she was struck by a tractor-trailer that ran a stop sign on Whistler Road at its T-intersection with SR-43. John Hoffman, an employee of E&B Trucking, was driving the truck on behalf of ACX Southwest Pacific Inc., which had hired E&B to haul hay.

Settlement Discussions

The parties settled on the morning that the trial was to begin. E&B Trucking agreed to contribute $1.4 million and the ACX defendants agreed to contribute $1.5 million.

Damages

The plaintiffs sought $2.5 million for loss of support.

Injuries

Kimpo died shortly after the accident from injuries received in the collision. She was survived by her husband and three sons, two of whom were minors at the time.


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