Confidential
Settlement – $89,000Judge
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Defendant
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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