Confidential
Settlement – $790,000Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Gene S. Stone
(Homan & Stone)
Thomas W. Shaver
(Shaver, Korff & Castronovo LLP)
Facts
The subject suit relates to two multi-vehicle collisions that occurred on Aug. 29, 2001 on the 405 Freeway in Los Angeles. The initial accident involved a low speed, low impact rear-ending of defendant Girgis' vehicle by plaintiff Kelly Ann Hefner as a result of a sudden slowing in traffic. The plaintiff followed Girgis who chose to stop on the 405 N in lane No. 5, due to a New Jersey barrier eliminating the shoulder. The plaintiff suggested to Girgis that they get off the freeway but Girgis insisted that they exchange information right then to which the plaintiff reluctantly agreed. The plaintiff and Girgis exchanged information at the rear of Girgis' car and in front of the plaintiff's car. Gutierrez was in lane No. 5 of 405 N traveling at 60 mph when he decerated to 35 mph due to congestion from an accident ahead of him. Gutierrez estimates he was about 50 feet from the plaintiff and Gutierrez cars when he first noticed them. Gutierrez tried to change from lane 5 to lane 4 and thought he would be able to do so without hitting the plaintiff and Girgis. Unfortunately, he impacted the right side of his box truck with the left rear corner of the plaintiff's Bronco. As a result, the Bronco was pushed into Girgis's vehicle, hitting Girgis and the plaintiff and crushing the plaintiff's right leg.
Settlement Discussions
The plaintiff initially demanded $1 million. The defendants offered $400,000.
Specials in Evidence
$73,121 $79,600
Injuries
Crushed right leg, scar tissue in right calf and about the Achilles tendon, impacting the mobility of the Achilles, severed ACL in the right leg, lower back spasm and circulatory injury to the right leg.
Result
Settlement was reached at $790,000 before Kevin T. McIvers of Judicate West ($15,000 from the defendant Girgis and $775,000 from the other defendants).
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