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CONFIDENTIAL

Jan. 31, 1998

Personal Injury
Auto v. Auto
Intersectional Collision

Confidential

Settlement –  $137,500

Judge

Joan Dubuque

Court

King Superior


Attorneys

Plaintiff

Stacey Smith

Ron Perey


Defendant

Reba Weiss


Experts

Plaintiff

Donald P. Van Blaricom
(technical)

Gary F. Schuster
(medical)

Gary Schuster
(medical)

Charles Lewis
(technical)

Robert W. Moss
(technical)

Howard E. King
(King, Holmes, Paterno & Soriano LLP) (medical)

Defendant

Ronald B. Heusser
(technical)

Robert H. Colfelt
(medical)

David M. Chaplin
(medical)

William Skilling
(technical)

Patricia Lipscomb
(medical)

Facts

On March 8, 1996, plaintiff, a 22-year-old waitress, was driving home from a trip to the grocery store. She approached the interesection of 90th Street and Aurora Avenue North in Seattle, Wash. on a green light. Plaintiff claimed that when she was a few feet into the intersection, a police vehicle appeared in front of her and she collided with the police officer's vehicle. Defendant officer had been stopped at a red light on Aurora when he suddenly flipped on his overhead lights and "floored" his police car through the red light into the intersection, causing the collision with plaintiff's vehicle. Plaintiff brought this action against the defendants City and police officer based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $150,000 ($511,000 per defendant). The defendant offered $25,000 ($137,500 per plaintiff).

Specials in Evidence

$25,000 $36,666 no loss of earnings claimed. Plaintiff went to college to study naturopathy. $80,000 $___________

Injuries

Plaintiff, who suffered from scoliosis (an abnormal curvature of the spine) and had spinal fusion rods placed on each side of her spine when she was 14 years old, claimed she suffered back, neck and shoulder injuries and was diagnosed with thoracic and cervical strain as a result of the accident. Despite conservative attempts at treatment, Plaintiff ultimately underwent surgery for the removal of the spinal fusion rods, which improved her condition significantly. Plaintiff also claimed to suffer a brachial plexus injury and post-traumatic stress syndrome. Defendant disputed the brachial plexus injury and contended that the injury did not exist.

Other Information

The settlement was reached approximately one year and six months after the case was filed. A mediation was held on Jan. 12, 1998, before retired Judge David Soukup of Soukup Mediations resulting in the reported settlement.


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