Confidential
Settlement – $1,795,000Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Thomas P. Cacciatore
(Law Office of Thomas P. Cacciatore)
Defendant
Richard S. Gower
(Macdonald and Cody)
Experts
Plaintiff
Michael Krycler
(technical)
Robert J. Halem
(medical)
Lawrence E. Newman
(medical)
Jack H. Sheen
(medical)
Joel M. Matta
(medical)
W. Scott Calvin
(medical)
Rochelle Edwards
(technical)
Marcus M. Kerner
(Office of the U.S. Attorney)
(medical)
Kevin Pidgeon
(medical)
Shawki Saad
(medical)
James V. Ouellet
(technical)
Defendant
Jon B. Landerville P.E.
(technical)
Robert J. Kopecky
(technical)
Edward C. Satzinger Jr.
(technical)
Facts
On Feb. 8, 2001, the plaintiff, Martin Gruber, was driving his 1985 Harley Davidson motorcycle in the No. 3 lane westbound on Ventura Boulevard approaching the driveway entrance to Encino Hospital. At that same time, the defendant Sheldon Schoneberg, was driving his 2001 Toyota Avalon eastbound along Ventura Boulevard. The defendant entered the median area with painted broken double yellow lines. He intended to turn left into the driveway and claimed that he waited for traffic to clear in the No. 1 and 2 lanes and proceeded to make his left turn. At the same time, the plaintiff was proceeding in the No. 3 lane, pacing traffic. His view of the defendant was blocked by traffic slightly ahead of him so that he did not see the defendant turning left, blocking traffic in the No.1 lane and the No. 2 lane also. Although the defendant claimed he could see no vehicles for 1/3 to 1/2 block away, the independent evidence was actually contrary to his testimony. Beyond that, it is clear that the plaintiff had the right of way and that the defendant failed to yield in violation of Vehicle Code Section 21801 (a). As a result of the accident, the plaintiff bled profusely and was unconscious and was treated at the scene by paramedics and transported to Northridge Hospital where the medical records reflected a variety of injuries.
Settlement Discussions
During discovery, the plaintiff learned that the defendant had insurance coverage with a $250,000 primary policy and a $2 million umbrella policy. There was a coverage dispute. However, the defendant had not paid premiums for two years and so umbrella coverage was questionable. As a result, the plaintiff ultimately accepted an offer of policy limits in the sum of $250,000 from the defendant's primary insurance carrier and $1.5 million from the defendant's umbrella carrier. There was also an action filed against the city, which settled early in the case for $45,000 for a net settlement of $1,795,000.
Specials in Evidence
PLESAE ADVISE PLEASE ADVISE PLEASE ADVISE PLEASE ADVISE
Injuries
The plaintiff sustained small right parietal epidural hematoma with no mass effect or shift; right frontal lobe contusion with scattered subarachnoid hemorrhage and Glasgow coma scale seven on arrival; extensive facial fractures involving the frontal sinuses, nasal ethmoid bones, the eye orbits bilaterally, the maxillary sinuses bilaterally compound, comminuted fractures of the nose and fracture of the left zygomatic arch, etc.; extensive facial lacerations involving avulsion of the left eyelids and the nose and the left facial area and eyebrows; pelvic disruption with diastasis of the right sacroiliac joint and severe diastasis of the pubic symphysis with brief peritoneal pelvic hematomas; hemorrhagic shock; acute respiratory failure; attention deficit disorder by history, extensive perineal and thigh lacerations bilaterally; fracture right distal radius and fracture right scaphoid bone; extensive perineal and thigh lacerations bilaterally; diabetes insipidus (resolved); fracture right distal radius and fracture right scaphoid bone.
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