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CONFIDENTIAL

Dec. 23, 2003

Personal Injury
Auto v. Pedestrian
Negligence

Confidential

Settlement –  $450,000

Judge

Sheridan E. Reed

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)

Scott Rizzo


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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