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CONFIDENTIAL

Aug. 20, 2002

Personal Injury (Vehicular)
Motor Vehicle
Pedestrian

Confidential

Settlement –  $700,000

Judge

Virginia A. Phillips

Court

USDC Central


Attorneys

Plaintiff

Steven E. Spencer
(Carpenter, Zuckerman & Rowley LLP)


Defendant

William B. Spivak Jr.


Experts

Plaintiff

Ronald Goldstein
(medical)

David S. Doty
(medical)

Bijan Zardouz M.D.
(medical)

Defendant

Stuart H. Kuschner
(medical)

Facts

The plaintiff, an 83-year old retiree, crossed the street to collect her mail from her mailbox. She
claimed that she was walking behind the mail truck, which was parked near the mailbox, when
the truck backed into her and knocked her to the ground.

Settlement Discussions

The plaintiff submitted a demand of $ 2 million; the defendant offered $250,000.

Specials in Evidence

$124,165 $61,600

Injuries

The plaintiff sustained a severe dislocation to both shoulders; laceration over her left eye; multiple abrasions; aggravation of an underlying degenerative disc disease of her neck and back; and severe sensory-motion polyneuropathy with contraction of both hands. She underwent fusion surgery to her right hand with resulting severe complications, including infection, requiring several weeks in hospital. A future surgery to the left hand is expected. The plaintiff requires assistance provided by the Department of Aging and Adult Services to help with cooking and cleaning.


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