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CONFIDENTIAL

Nov. 11, 1995

Personal Injury (Vehicular)
Automobile Accident
Pedestrian

Confidential

Settlement –  $100,000

Judge

James J. Alfano

Court

Orange Superior


Attorneys

Plaintiff

Steven C. Morrison

Manfredo E. Lespier


Defendant

Thomas B. Cummings


Facts

On March 10, 1994, Plaintiff was a disabled 48-year-old woman. She had suffered from schizo-effective mental disorder which prevented her from working; and so she collected social security benefits. She had allowed her driver's license to lapse and walked or took buses to get around. She was newly married at the time. Plaintiff was crossing southbound on Harbor and walking within the crosswalk. After she had crossed 5 out of 7 lanes and was in the sixth lane, near the end, she was struck by Defendant driving a 1988 Saab 9000 turbo. Plaintiff had no recollection of the incident. At the time, Defendant had the green light. The collision knocked Plaintiff 15 to 20 feet into the air and 10 to 15 feet into the intersection. The area was well lit and the roads were dry with no apparent vision obscurement for Defendant.

Settlement Discussions

Plaintiff contends she made a 998 policy limits demand in the amount of $100,000 and Defendant offered $20,000 at the VSC.

Specials in Evidence

$111,000

Injuries

Multiple mandibular fractures, an orbital floor fracture and a maxillary fracture requiring open reduction internal fixation and 2 weeks hospitalization (one of which was ICU). Plaintiff's husband claimed loss of consortium injuries.

Other Information

This case was filed on February 2, 1995; seven months, three weeks, and three days prior to this result.


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