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CONFIDENTIAL

Oct. 3, 1998

Personal Injury
Auto v. Motorcycle
Left Turn Collision

Confidential

Settlement –  $10,000

Judge

J. Michael Bollman

Court

San Diego Superior


Attorneys

Plaintiff

Patrick J. Stark


Defendant

Michael W. Griffith


Experts

Plaintiff

W.R. Rusty Haight
(technical)

Defendant

David Castelle
(technical)

Facts

On Aug. 15, 1996, plaintiff, a 29-year-old warehouse worker, was riding his motorcycle to work. The plaintiff alleged that defendant came out of a driveway and made a left turn in front of his motorcycle. The plaintiff took evasive action but was unsuccessful, striking the rear of the defendant's vehicle and launching himself over the handlebars of his motorcycle. The plaintiff brought this action against the defendant based on negligence. The defendant filed a cross-complaint.

Settlement Discussions

The plaintiff did not make a firm demand. The defendant offered a waiver of costs and waiver of the cross-complaint.

Specials in Evidence

$71,318.28 $15,000

Damages

$8,500 (property damage)

Injuries

The plaintiff suffered a severely fractured pelvis with genital injuries requiring surgical intervention.

Other Information

The case was bifurcated and tried in two parts. Before the second trial, the entire case settled for the reported amount.

Deliberation

one day

Length

four days


#118476

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