Confidential
Settlement – $0Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Steven R. Odell
(Susson, Parrett & Odell)
Experts
Defendant
Michael J. Einbund M.D.
(medical)
Facts
On July 22, 2003, the plaintiff, age 43, was driving a 2001 Acura northbound on the 405 Freeway in Orange County when she was hit from behind by a tractor-trailer driven by the defendant. At the scene of the accident, both the defendant and the plaintiff advised the police officer who had responded to the accident that the plaintiff had changed lanes in front of the defendant's vehicle and that she was immediately rear-ended. The plaintiff sued for negligence. The plaintiff, in a recorded statement, stated that she had been in the lane of approximately 30 seconds before the impact. Later, in her deposition, she stated that she had been in the lane for 30 minutes. Prior to trial, the defense was prepared to introduce the conflicting testimony from the plaintiff on the discrepancy of time between the lane change and the time of the impact.
Settlement Discussions
The plaintiff accepted the defense offer for a waiver of costs.
Specials in Evidence
$1,920
Damages
The plaintiff claimed property damage for $3,774, she also claimed damages for medical and chiropractic treatment.
Injuries
The plaintiff claimed headaches, neck pain, shoulder pain and back pain.
Result
The plaintiff accepted the defense offer for a waiver of costs pursuant to C.C.P. Section 998.
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