Confidential
Settlement – $30,000Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Richard Nussbaum
(medical)
Harris Silver
(medical)
Facts
On Jan. 24, 1995, plaintiff, a 37-year-old salesperson, was driving on southbound Van Nuys Boulevard when he was rear-ended with a strong impact. Plaintiff was wearing a seat belt and was at a complete stop while waiting for gridlock to clear the intersection at a green light when he was struck from the rear by defendant's vehicle. At the time of the accident, defendant was driving an Isuzu pick-up truck assigned to him by his employer (an autobody shop). He left the autobody shop on his way to pick up a transmission on Reseda Boulevard. At his deposition, he stated that the light was yellow as he approached the intersection, and then subsquently turned red. He stated that his vehicle was going no more than 20-25 mph in the No. 2 lane, it was raining, and he could not see very well, if at all. He stated he stepped on the brakes, his car started to swerve but did not slow down. He let go of the brakes and then subsequently pumped them twice before they took effect. He said it was raining hard at the time of the incident. His windshield wipers were on maximum, and his headlights were on. He noticed there were vehicles in front of his vehicle but there was nothing he could do to stop. Approximately two days after this accident, defendant left his employment. The plaintiff brought this action against the defendant autobody shop based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $35,000. The defendant made an offer of $22,000, including the thid party lien of $22,000.
Specials in Evidence
$6,000
Injuries
The plaintiff complained of right knee pain and lower back pain. Plaintiff also claimed a mild medial joint line tenderness with positive Steinmann test indicative of possible medial meniscal tear. The plaintiff was diagnosed with a torn meniscus in need of orthoscopic intervention and surgery.
Other Information
The settlement was reached approximately two years after the case was filed. A settlement conference was held before Gary Eisenberg on March 12, 1997, resulting in no settlement.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390