Confidential
Settlement – $560,000Mediator
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Thomas A. Paoli
(Paoli & Geerhart LLP)
Defendant
Facts
On June 6, 1995, plaintiff, a 33-year-old long haul truck driver, was rear-ended by another truck driver. The collision forced plaintiff's vehicle off the roadway and into an embankment. The plaintiff's car was a total loss. The plaintiff contended that defendant was negligent for failing to stop. The defendant admitted liability for purposes of the mediation but disputed damages. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a settlement demand for $975,000. The defendant made an offer of $450,000.
Damages
LOE, approximately $100,000; Future LOE, approximately $900,000. The worker's compensation lien was in excess of $130,000.
Injuries
The plaintiff suffered a herniated disc at L5-S1. He underwent three surgreires to his back involving fusion with hardware, removal of a battery pack stimulator, and removal of the plates and screws. Plaintiff was permanently disabled from his occupation as a truck driver. Plaintiff was vocationally rehabilitated by the worker's compensation carrier to an investigator but was still unable to work due to his injuries and surgeries at the time of the settlement, which was three years past accident.
Other Information
The settlement was reached approximately three years after the accident. An 8-hour mediation over two days was held before Jeffrey Krivis of First Mediation resulting in the reported settlement.
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