Confidential
Settlement – $375,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Nicholas E. Rose M.D. (Not Called)
(medical)
Jeanne Pangburn
(technical)
Facts
On Nov. 9, 2000, at approximately 6:43 p.m., the plaintiff was traveling northbound on Edwards in the No. 1 lane and entered the intersection with Garfield on a green light, in the city of Huntington Beach, in her 1995 Toyota Camry. At that time, the defendant driver, was traveling southbound on Edwards in the left turn lane and also entered the intersection with Garfield on a green light in her father's 2000 Toyota Rav4. The defendant's father had leased the defendant's vehicle from his employer. The defendant driver failed to yield to the plaintiff and turned directly in front of the plaintiff's vehicle, thereby causing the plaintiff's vehicle to sustain massive damage to the front end. The reporting officer found the primary collision factor to be that of the defendant driver in violation of CVC Section 21801 (a), for which she received a citation. The traffic collision report also contained statements by three independent witnesses that corroborate the plaintiff's version of the accident. The plaintiff husband brought a claim for loss of consortium.
Settlement Discussions
The plaintiff submited a demand of $600,000; the defendant offered $200,000. The case ultimately settled for $375,000, $25,000 of which was allocated to the plaintiff husband for his loss of consortium.
Specials in Evidence
$63,454 $40,000
Injuries
A displaced comminuted left medial condyle and trochlear fracture, a non-displaced left elbow lateral condyle fracture, and impacted left index metacarpal neck fracture. These injuries required two separate surgeries and resulted in permanent disabilities which impacted upon the plaintiff's daily life.
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