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Personal Injury
Auto v. Auto
Negligence

Thomas M. Ward v. County of Los Angeles, Makkaphoeum Em, and Does 1 through 50, inclusive

Published: Feb. 28, 2015 | Result Date: Dec. 1, 2014 | Filing Date: Jan. 1, 1900 |

Case number: BC499367 Settlement –  $40,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Steven V. Phillipi


Defendant

Joanne Nielsen


Facts

Thomas Ward sued the County of Los Angeles and Makkaphoeum Em, in connection with a motor vehicle accident.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant Em rear ended his vehicle as he was driving along the Interstate 10 near the Interstate 110 interchange. Plaintiff further alleged that Em was acting within the course and scope of his employment with the county when the collision occurred. Plaintiff sustained injuries as a result of the accident and sued defendants for negligence and vicarious liability.

DEFENDANTS' CONTENTIONS:
Defendants acknowledged that Em was acting in the course and scope of his employment with the county at the time of the accident. Defendants admitted liability for the low-speed, rear-end accident. Defendants disputed the degree and nature of plaintiff's alleged injuries as well as the amount of claimed damages.

Settlement Discussions

According to defense, plaintiff indicated to the county, in writing although not phrased as a formal demand, that he had economic damages of $160,000 and non-economic damages of the same amount. Defendants served a CCP 998 Offer to Compromise for $20,000.

Damages

According to plaintiff, plaintiff's claimable medical expenses were $9,128.90. He also claimed loss of earnings.

Injuries

Plaintiff claimed he sustained soft tissue injuries.

Result

The parties reached a $40,000 settlement using the Superior Court's Personal Injury Settlement Conference Program.

Other Information

FILING DATE: Jan. 22, 2013.


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