This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Jul. 27, 1996

Personal Injury (Vehicular)
Wrongful Death
Intersectional Collision

Confidential

Settlement –  $2,750,000

Facts

On Aug. 12, 1995, the plaintiff, a 52-year-old missionary, was driving his 1984 Nissan Sentra northbound on El Molino Avenue in Pasadena. The decedent, the plaintiff's wife, was a passenger in the vehicle. The defendant was driving her GMC Suburban westbound on Union Street. At the intersection of El Molino and Union, the defendant broadsided the plaintiff's vehicle, injuring the plaintiff husband and killing his wife. The estimated speed of the defendant's vehicle at impact was 25 to 30 mph. The plaintiffs, the decedent's husband and their two adult children, brought this action against the defendants, the driver of the GMC and her husband (the co-owner of the vehicle) based on negligence and loss of consortium theories of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $3.2 million. The defendants did not make any settlement offers before mediation.

Specials in Evidence

$102,183 $__________ $268,8900 (based on what the plaintiff husband could have earned as a minister, even though his plans were to work as an itinerant missionary in India.) $__________

Injuries

Death of a wife and mother. In addition, the plaintiff husband alleged that he sustained a closed head injury causing cognitive deficits, a right pulmonary contusion, a right hemopneumothorax, a lacerated right lobe of liver, a perforated jejunum, two mesenteric lacerations with devitalized bowel, multiple fractured ribs and post traumatic stress disorder.

Other Information

The settlement was reached approximately nine months after the case was filed. A mediation was held on June 21, 1996, before Linda Meyer resulting in the reported settlement.


#119451

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390