Confidential
Settlement – $5,500,000Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Warren "Chip" Dean Jr.
(Rigg & Dean)
Defendant
Douglas G. MacKay
(Vitale & Lowe)
Experts
Plaintiff
Jan Roughan R.N.
(technical)
Leonard N. Matheson M.D.
(technical)
Carlos F. Saucedo M.D.
(medical)
Lawrence Miller M.D.
(technical)
Lester M. Zackler M.D.
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
Richard H. Andolsen
(technical)
John M. Merritt
(medical)
George M. Brinton
(technical)
Facts
On Feb. 23, 1994, the plaintiff husband, a 36-year-old bindery worker at a printing company, was a front seat passenger in a Toyota Celica. The Toyota was rear ended by a fully loaded Ford Bobtail truck operated by the defendant driver for the defendant company. The police report stated that the Toyota driver (the plaintiff's brother) had stopped in the fast lane for no apparent reason. The defendant truck driver allegedly reported to the police that the Toyota slammed on the brakes in front of him for no apparent reason. After discovery, the defendants stipulated to liability. The driver of the Toyota allegedly walked away without injury. The plaintiff husband, despite belt and harness restraints, suffered a paralyzing injury. The plaintiffs, husband and wife, brought this action against the defendants based on negligence and loss of consortium theories of recovery.
Settlement Discussions
Numerous offers and demands were exchanged.
Specials in Evidence
in excess of $310,000 $38,991 $528,000 to $604,000 $2 million to $10 million
Injuries
The plaintiff suffered T-4 paraplegia and mild closed head injury with basal skull fracture requiring Harrington rod installation and fusion.
Other Information
The settlement was reached approximately one year and four months after the case was filed. Three mediations were held before Judge Bruce W. Sumner of JAMS/Endispute resulting in the reported settlement.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390