Confidential
Settlement – $850,000Court
Case Not Filed
Attorneys
Plaintiff
Christopher R. Aitken
(Aitken Aitken Cohn)
Defendant
Christopher P. Wesierski
(Wesierski & Zurek LLP)
Experts
Plaintiff
Wayne H. Lancaster
(technical)
Sylvain Palmer M.D.
(medical)
Defendant
Stephen L.G. Rothman M.D.
(medical)
Facts
On Aug. 27, 2002, the claimant, Gilbert Gonzales, was driving his vehicle through an intersection when he was struck by respondent Audrey Waterman. Waterman admitted to running the red light. Gonzales contended that Waterman was liable for the automobile accident and that the accident caused all of his injuries. Gonzales settled with Waterman and her insurance company, Farmers Insurance, for $100,000. Gonzales brought an underinsured motorist action against his own insurance company, State Farm.
Contentions
PLAINTIFF CONTENTIONS:
The plaintiff contended that Waterman was liable for the automobile accident and that the accident caused all of his injuries.
Injuries
Gonzales suffered from chronic back, lower extremity, and knee pain, to the point where he became permanently disabled and could not return to work. Future back surgery was recommended for him by his doctors. State Farm contended that the injuries Gonzales suffered were pre-existing in nature. State Farm also argued that to the extent that future back surgery was necessary, it was not due to trauma, but to degenerative changes.
Result
Prior to the filing of a lawsuit, Gonzales settled with Waterman and her insurance company, Farmers Insurance, for $100,000 (policy limits). Gonzales and State Farm settled for $750,000 in a mediation with Tom Dillard of Judicate West. Total settlement: $850,000.
Other Information
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