Confidential
Settlement – $420,000Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Christopher P. Wesierski
(Wesierski & Zurek LLP)
Facts
On May 12, 2003, the plaintiffs husband and wife, were passengers in the defendant's vehicle. There were a total of 11 passengers in the vehicle. While traveling north on the I-15 Freeway in Barstow, the vehicle suffered a massive tire failure where the left rear tire tread separated and caused the van to lose control. The van careened across all the lanes of the roadway, striking a dirt embankment and rolling several times, before coming to rest, ejecting nine of the 11 occupants, including the plaintiffs. All the passengers have brought claims on this case. The plaintiffs contended that the defendant over reacted to the tire blow out and made an unsafe turning movement. The plaintiffs also contended that the tires were in poor condition.
Settlement Discussions
During the mediation before Byron Rabin of Judicate West, the plaintiffs were offered $315,000.
Specials in Evidence
$216,106 (Sang Soo Kwon); $11,611 (Sung Sook Kwon)
Injuries
The plaintiff San Soo Kwon was taken to the emergency room with massive head trauma. He died on May 24, 2003. The plaintiff Sung Sook Kwon suffered injuries which included lacerations to her left foot and left arm.
Result
There were 11 claims in this case. The defendants' policy was $1.3 million; the plaintiff and family agreed to settle for $420,000.
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