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CONFIDENTIAL

Mar. 25, 1995

Personal Injury (Vehicular)
Automobile Accident
Rear End Collision

Confidential

Settlement –  $89,000

Judge

Charles W. Stoll

Court

L.A. Superior Glendale


Attorneys

Plaintiff

Stephen C. Rasak


Defendant

Thomas Murphy


Experts

Plaintiff

Peter M. Burkhard
(technical)

Edwin C. Amos M.D.
(medical)

Defendant

William H.T. Edmonds
(technical)

N. Paul Rosenthal
(medical)

Facts

On October 31, 1992, Holloween night, Plaintiff, a 35-year-old claims representative, was driving her automobile in the number 1 lane of the 101 Freeway. Her two minor daughters, ages 4 and 6 years, were back seat passengers. The vehicle sustained a sudden tire or mechanical failure and became disabled within the number 1 lane of traffic. Plaintiff driver removed her safety belt to exit the vehicle and talk with a motorist who stopped to render assistance. She returned to the vehicle and had her children get down on the back floor of the vehicle. She remained stranded in the number 1 lane for 7 to 8 minutes, operating her emergency flashers. Defendant did not observe Plaintiff's vehicle and collided with the rear of the vehicle at 60 to 65 mph.

Settlement Discussions

Plaintiffs contend they demanded $75,000 for the driver, $14,500 for the 4-year-old child; $9,500 for the 6-year-old child; and Defendant offered $30,000.

Specials in Evidence

$3,416 (Plaintiff driver), $3,935 (Plaintiff 4-year-old passenger), and $1,467 (Plaintiff 6-year-old passenger not claimed unknown

Injuries

Plaintiff driver/mother: closed head injury and soft tissue cervical strain requiring emergent care and physical therapy. Plaintiff 4-year-old daughter: abdominal pain requiring emergent examination (internal injury ruled out) and physical therapy. Plaintiff 6-year-old daughter: minor laceration to the right ear and cheek requiring emergent care.


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