Confidential
Settlement – $2,632,000Court
Orange Superior
Attorneys
Plaintiff
Defendant
Charles A. Palmer
(Law Office of Eric G. Anderson)
Facts
In March 2003, the plaintiff, a 51-year-old testing engineer, was driving his Mercury Cougar eastbound on the 91 Freeway in Fullerton. Traffic was heavy, and the plaintiff slowed behind a stopped truck. Seconds later, a multivehicle collision occurred, causing the plaintiff's car to be pushed into the rear of the truck. Just before the accident, the plaintiff noticed a van slowing behind him. Behind the van, a fully-loaded big rig was unable to stop and collided with the van, causing both vehicles to slam into the Cougar. A second impact occurred when another big rig slammed into the rear of the first big rig.
Settlement Discussions
Two sessions of settlement negotiations were held over five weeks with mediator Viggo Boserup. The plaintiff initially demanded $4 million until it was learned that defendant Cabrals had a $2 million limit of liability, which was further reduced by payment of $18,000 to another plaintiff. After expert depositions, defendant Cabrals tendered the remaining policy limits of $1,982,000 and defendant Harrison paid $650,000 for a total of $2,632,000.
Specials in Evidence
$230,000 $47,000 $400,000 (disputed) $250,000
Injuries
The plaintiff injured his entire pelvis, requiring permanent hardware. He also had a laceration over his eye and abrasions. He returned to his position part-time six months after the accident and full-time 11 months after the accident. The defendants disputed the extent of the plaintiff's injuries and the loss of his earning capacity.
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