Confidential
Settlement – $125,000Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Arthur I. Garfinkel
(medical)
Ted Hittle
(medical)
Thomas F. Fugger Jr., P.E.
(technical)
Defendant
Chadwick E. Smith
(medical)
Irving Rehman
(technical)
Kenneth L. Pearl B.S.M.E.
(technical)
Facts
On June 3, 1994, the plaintiff, a 43-year-old housewife, was driving a Plymouth Mini Van on Sierra Highway, Canyon County, California. She stopped for a traffic signal when she was rear ended by a vehicle driven by the defendant, a claims adjuster for the defendant insurance company, who was driving a company car. The damage to the plaintiff's vehicle was $734 and there was no damage to the defendant's vehicle. The plaintiff brought this action against the defendants based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $168,500 which was reduced to $145,000. The defendants made a settlement offer for $45,000 which was increased to a C.C.P. º998 settlement offer of $125,000 which was accepted by the plaintiff.
Specials in Evidence
$38,047 (medical lien of $36,933) uncertain
Injuries
The plaintiff alleged that she sustained a herniated disc at L3-4 with aggravation to her prior back problems at the L4-5 level and soft tissue injury to her neck and left shoulder as a result of the accident. The soft tissue injuries resolved but the plaintiff alleged that she would probably need future surgery as a result of the accident.
Other Information
The settlement was reached approximately one year and seven months after the case was filed.
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