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CONFIDENTIAL

Dec. 2, 2000

Personal Injury (Vehicular)
Auto v. Auto
Negligence

Confidential

Settlement –  $600,000

Court

San Joaquin Superior


Attorneys

Plaintiff

Michael D. Goforth


Defendant

Christian B. Green
(Law Offices of Christian B. Green)


Facts

On Jan. 12, 1998, plaintiff family of four was returning to the Bay area from a short vacation in the Sierra
foothills. During heavy rain, the 21-year-old daughter was driving her 1996 Toyota T-100 on SR 120
westbound with her 17-year-old brother. The Toyota was being followed by a 1987 Honda Civic being driven
by the father, 45 and the mother, 40. The daughterÆs right rear tire blew out, forcing her to pull over and stop
on the right asphalt shoulder. The father followed his daughterÆs lead to the shoulder and stopped five to ten
feet directly behind her. The passengers got out of the vehicles and waited in the rain approximately 20 minutes
for AAA road service, which had been called. Within seconds of the partiesÆ reentering their vehicles,
defendant, driving a 1992 Nissan pick-up loaded with pool chemicals, lost control of his truck and slammed
into the Honda, injuring the husband and wife. The Honda was propelled into the Toyota which contained the
children.

Specials in Evidence

$70,000 (husband); $9,000 (wife); $3,500 (daughter); $5,435 (son) $90,000 (husband); $2,500 (wife); $1,000 (daughter)

Injuries

The husband, a stocker/checker for Safeway Stores, sustained a herniated cervical disc, facial lacerations, cognitive difficulties and depression. On July 6, 1999, the husband underwent an anterior cervical diskectomy and interbody fusion at C5-6 which was performed by Dr. William Matthews. Since that time, the husband continues to experience chronic headaches, neck pain and depression. Both of the children sustained soft tissue injuries. The wife sustained soft tissue injuries and emotional distress.

Other Information

<M>The case settled following a one-day mediation before George Shelby.</M>


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