Confidential
Settlement – $10,000Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
H. Rai Kakkar
(medical)
John A. Caudron
(technical)
Defendant
Thomas D. Murtaugh
(technical)
D. William Zaayer
(medical)
Facts
On March 22, 1990, the plaintiffs, a 32-year-old housewife ("plaintiff driver"), and her 14-year-old daughter ("plaintiff passenger"), were traveling on Main Street in a 1979 Chevrolet Caprice which had no horn or seatbelts. The defendant was operating his stakebed truck and backed out of a diagonal parking stall when the accident occurred. The plaintiffs brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff driver made a C.C.P. º998 settlement demand for $15,000. The plaintiff passenger made a C.C.P. º998 settlement demand for $2,500. the defendant made no pre trial settlement offers.
Specials in Evidence
$9,000 (plaintiff driver) $3,000 (plaintiff passenger)
Injuries
The plaintiff driver alleged that she sustained soft tissue neck and back injuries and exacerbation of a pre-existing right knee condition as a result of the accident. The plaintiff passenger alleged that she sustained soft tissue injuries to her back and neck as a result of the accident.
Other Information
The settlement was reached approximately two years after the case was filed. After the jury was empaneled and the plaintiffs and their experts had testified, the plaintiffs agreed to settle for a waiver of costs. An arbitration was held on Marfch 21, 1993, before Wilfred J. Schneider, Jr., Esquire resulting in a $15,000 award for the plaintiff driver. The defendant requested a trial de novo.
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