Confidential
Settlement – $212,500Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Facts
On April 1, 1994, the plaintiff, a 1+-year-old infant, was a passenger in a vehicle operated by the decedent defendant. The plaintiff was with his mother. Just before the fatal car crash, the defendant decedent was proceeding westbound on Melton Trail Road, approaching the intersection of Melton Trail Road and Olympic Road in Joshua Tree. He failed to yield to Olympic Road traffic before entering the intersection of Melton Trail Road and Olympic Road and collided with the defendant driver's car going southbound on Olympic Road. Both the decedent defendant and the plaintiff's mother died from their injuries sustained in the car wreck. The plaintiff infant was evacuated by helicopter to Desert Hospital in Palm Springs, for treatment of head injuries. The plaintiff brought this action against the defendants based on wrongful death and negligence theories of recovery.
Settlement Discussions
Per the defendants, the plaintiff made a settlement demand for $80,000 against the defendant driver, and for $250,000 against the defendant county and the defendant made a settlement offer of $3,000 (from the driver) and $7,500 (from the defendant county). Per the plaintiff, no settlement demands or offers were made.
Injuries
Death of a mother and head injuries to the minor plaintiff.
Other Information
The settlement was reached approximately two years and 11 months after the case was filed. An arbitration was held on Nov. 20, 1996 before Alex J. Sharp resulting in an award of $650,000 against the decedent defendant and $0 against the defendant county and defendant driver. The decedent defendant's estate and the plaintiff requested a trial de novo.
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