Confidential
Settlement – $450,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Jae Y. Lee
(Lee & Associates PC)
Edward W. Choi
(Law Offices of Choi & Associates PC)
Defendant
Randall L. Winet
(Winet, Patrick, Gayer, Creighton & Hanes ALC)
Experts
Plaintiff
Joseph C. Wu
(medical)
Edward L. Bennett M.A.
(technical)
John Hanley
(medical)
George K. Henry Ph.D.
(medical)
Michael W. Caspino
(Forward Counsel LLP)
(technical)
Catherine M. Graves MBA
(technical)
Defendant
Randall Resch
(technical)
Terry Lee Newman
(technical)
Robert K. Athy
(technical)
Thomas J. Wegman
(medical)
Mark Remas M.A.
(technical)
Facts
In September 2001, the plaintiff, Li Chin Yao, a 29-year-old student, was standing on the shoulder of Interstate 5 in San Diego while defendant Terence Edgar, a tow truck operator hitched the plaintiff's disabled vehicle to a Rose Towing tow truck. While waiting, the plaintiff was struck by a Nissan Sentra driven by defendant Gabriel Raya, who apparently had lost control of the vehicle. The Nissan was owned by defendant Fernando Gonzalez. The plaintiff sued the defendants, alleging negligence.
Settlement Discussions
The plaintiff demanded $1 million, the policy limit. Ultimately, the plaintiff settled with defendants Edgar and Rose Towing for $450,000.
Specials in Evidence
$100,000 $1.5 to $2.5 million
Injuries
Traumatic brain injury, loss of sense of smell and taste, short-term memory loss and cognitive deficits.
Other Information
A default was taken against defendant Raya, who was uninsured, and defendant Gonzalez, who filed for bankruptcy.
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