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CONFIDENTIAL

Dec. 14, 2004

Personal Injury
Auto v. Auto
Wrongful Death

Confidential

Settlement –  $1,850,000

Court

Orange Superior


Attorneys

Plaintiff

Kenn L. Teel


Facts

On Aug. 24, 2002, at approximately 7:10 a.m., the decedent Robert Michlewicz was traveling northbound on Associated Road approaching the intersection of Imperial Highway in the City of Brea. He was driving a 1996 Acura. The defendant Steiner stated to the police that she was driving her son to a soccer game. She could not remember which lane she was in, nor could she recall the color of the traffic signal at the intersection. She stated that as she entered the intersection, she saw the vehicle driven by the decedent enter her path going northbound. She informed the police that her windshield was dry before the collision and that the wipers were activated during the collision. Several witnesses observed that the defendant had run through the red light in excess of 40 mph. The front of the defendant's BMW impacted the driver's side door of the decedent's vehicle at a speed of between 40 to 50 mph. The police found the primary collision factor to be the defendant's violation of CVC Section 21453 (a). Michlewicz suffered a violent death as a result of the accident. Criminal charges were instituted against the defendant but the decedent's family did not believe that a conviction for manslaughter would bring back their loved one. In cooperation with the District Attorney's office, the defendant entered a guilty plea for failure to stop at a red light. (CVC 21453(a). The plaintiffs then proceeded in the subject civil suit. The insurance company for the defendant contended that in view of the fact that the decedent was 65 at the time of the accident, was near retirement and his children were all self-supporting working adults, the case had a maximum value to the plaintiffs of $600,000.

Settlement Discussions

The plaintiffs demanded the policy limits of $2 million. The defendant's insurance company initially offered $600,000 and the case was finally settled at $1,850,000.

Damages

Death of a husband and father of four children.

Other Information

PLEASE PROVIDE THE NAME, TEL AND FAX NO. OF DEFENSE ATTORNEY FOR VERIFICATION PURPOSES, NAME AND LAW FIRM TO REMAIN CONFIDENTIAL


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