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CONFIDENTIAL

Mar. 18, 1995

Personal Injury (Vehicular)
Dangerous Condition of Public Property
Truck Accident

Confidential

Settlement –  $600,000

Judge

James J. Alfano

Court

Orange Superior


Attorneys

Plaintiff

Gregory Muñoz


Defendant

Irwin Schulman

Kathleen S. Braden

David M. Frishman
(Lewis Brisbois Bisgaard and Smith LLP)


Experts

Plaintiff

Harry J. Krueper Jr.
(technical)

Facts

On March 20, 1992, Defendant gas company was in the process of installing a new gas line in the number 1 southbound lane of Pacific Coast Highway, a few miles north of Laguna Beach. The gas company had retained Defendant general contractor to do the actual work. The general contractor rented heavy steel plates from Defendant trench shoring company to temporarily cover an excavation; and Defendant state issued a permit for said work. The highway was posted 50 mph and was an undivided highway. Plaintiff, an undocumented alien and gardener/landscaper, was a passenger in a truck operated by a fellow employee, en route to a landscaping job. As the truck, driven by a co-employee, came onto the steel plates covering the excavation, the driver lost control. The truck swerved across PCH from the number 1 southbound lane into the northbound lanes and collided with a Suburban driven by a Plaintiff who previously settled her case with the same Defendants.

Settlement Discussions

Plaintiff contends their opening demand was $850,000 and Defendants offered $350,000.

Specials in Evidence

$160,000 $19,000 not determined not determined

Injuries

Torn knee cartilage requiring surgery; head trauma with resultant organic brain damage requiring psychometric testing, lengthy hospitalization, and resulting in permanent cognitive deficits.

Other Information

The filing date for this case was January 25, 1993; one year and eleven months before this result.


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