Confidential
Settlement – $325,000Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Michael J. Faber
(Law Offices of Michael J. Faber)
Defendant
Experts
Plaintiff
Harry J. Krueper Jr.
(technical)
Facts
Plaintiffs were the 70-year-old widow and four adult children of the 75-year-old decedent killed on January 15, 1990, when his car went off the subject road. The road had been a dirt road, but was paved by Defendant grading and paving company at the direction of Defendant developer and the Defendant homeowners association, which he represented. The improvements were done without engineering or geological studies, without Coastal Commission permits and in defiance of Coastal Commission stop order. During litigation, Defendant grading and paving company declared bankruptcy. Plaintiffs secured an order relieving them from the bankruptcy stay but limiting them to the proceeds of insurance.
Settlement Discussions
Plaintiff contends they made a CCP 998 demand of $300,000, but informally told Defendants that they would be willing to accept $200,000 and Defendants offered $100,000; before trial, Plaintiffs secured a discovery sanction order against Defendant paving and grading company establishing its liability and the case settled on August 20, 1993, for $325,000.
Damages
Except for burial expenses, no special damages. Decedent was retired and all plaintiffs were self-supporting.
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