Confidential
Settlement – $125,000Court
San Luis Obispo Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
William F. Sima
(medical)
Sean Devine
(medical)
Defendant
Kenneth L. Baldwin
(medical)
Facts
On Dec. 21, 1991, the plaintiff, a 41-year-old police officer for the city of Paso Robles, was off-duty and driving his 1982 Honda Accord southbound on Broadway in the number one lane in the city of Santa Maria. While proceeding south on Broadway, just south of the intersection of Stowell, the plaintiff stopped for traffic which had stopped in front of him. While at a complete stop, the plaintiff's vehicle was rear ended by a 1987 Ford pick-up truck loaded with heavy equipment and pulling a mobile equipment trailer. The force of the impact pushed the plaintiff into the rear of the vehicle in front of him, which in turn was forced in to the vehicle in front of it. The plaintiff's vehicle sustained major rear-end damage and moderate front-end damage and was deemed a total loss. The truck was operated by the defendant driver, the son of the defendant owner of the vehicle. The plaintiff brought this action against the defendants based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $250,000, reduced to $225,000 after arbitration. The defendants made an initial settlement offer of $25,000, increased to $50,000 after the arbitration. The plaintiff later reduced his demand to $175,000. The defendant made a C.C.P. º998 offer of $95,001. The plaintiff made a C.C.P. º998 demand of $129,999.99.
Specials in Evidence
$42,636 $15,453
Injuries
The plaintiff alleged that he sustained soft tissue injuries to his neck, back and hip and an injury to his right elbow, for which he underwent surgery on Nov. 19, 1992. On July 16, 1993 the plaintiff alleged that he suffered a left distal bicep tendon rupture which he claimed was related to the collision. On July 21, 1993, the plaintiff underwent surgical repair of the left distal bicep tendon. The plaintiff underwent extensive post-operative rehabilitation and physical therapy for both the right elbow and left bicep. The plaintiff also underwent an extensive course of chiropractic therapy for treatment of his soft tissue injuries.
Other Information
The settlement was reached approximately three years and five months after the case was filed, 13 days before trial. ARBITRATION: An arbitration was held on May 25, 1995 before J. Edmund Smith resulting in an award of $93,676 in favor of the plaintiff. The arbitrator found that there was not sufficient medical evidence to connect the left elbow surgery to the collision. At the time of arbitration, the plaintiff did not offer an expert opinion linking the left bicep tendon rupture to the collision. The defendants requested a trial de novo.
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