Confidential
Settlement – $24,000Facts
On Jan. 3, 1994, the plaintiff driver, a 75-year-old man, was driving a Toyota pick-up southbound on Alicia Parkway/Aliso Creek in Laguna Niguel. The plaintiff driver's sister was a passenger in the pick-up. The defendant driver, who was intoxicated, was driving a Toyota Corolla owned by his wife. The defendant driver proceeded northbound on Alicia Parkway in the left hand turn lane of Alicia Parkway. As he entered the intersection of Aliso Creek, he failed to stop for the red signal light for his lane, due to his intoxication. The defendant driver continued northbound on the southbound side of the intersection. The defendants' and plaintiffs' vehicles collided in the intersection of Alicia Parkway and Aliso Creek. The defendant driver's blood alcohol level at the time of the accident was .24. Because the defendant driver's blood alcohol level was over 0.20% at the time of the collision, he was subject to an enhanced sentence for his violation of Vehicle Code º23152(a). A criminal complaint was filed against the defendant driver in Orange County Municipal Court charging him with violations of Vehicle Code º23152(a) and (b) and charging that he was subject to enhanced penalties because of his high blood alcohol content within the meaning of Vehicle Code º23206.1. However, the defendant driver did not receive an enhanced penalty for his violation of Vehicle Code º23152(a) because he pled guilty to the violation. The plaintiffs, brother and sister, brought this action against the defendants, the defendant driver and his wife, based on negligence and negligence per se theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $65,000. The defendant made a C.C.P. º998 offer of compromise for $8,000.
Specials in Evidence
less than $500 (plaintiff passenger); less than $500 (plaintiff driver) $6,000 (plaintiff driver) $_______ (plaintiff passenger) $________(plaintiff driver) $_______ (plaintiff passenger) $________(plaintiff driver)
Injuries
The plaintiff passenger alleged she sustained numerous injuries, including aggravation of pre-existing hydrocephalus (a condition causing fluid to accumulate to her brain) hearing loss, head, neck and back injuries, headaches and anxiety as a result of the collision. The plaintiff driver alleged he sustained head, neck, back and hip injuries and headaches as a result of the collision.
Other Information
The settlement was reached approximately two years and four months after the case was filed. A mediation was held on May 13, 1996 before John L. Flynn of JAMS/Endispute resulting in the reported settlement. The vehicle containing the plaintiffs was destroyed. The police report and other documents prepared in connection with the collision state that the defendant driver ran a red traffic signal and that he caused the collision.
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