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CONFIDENTIAL

Mar. 16, 2004

Personal Injury
Auto v. Auto
Rear-End Collision

Confidential

Settlement –  $303,750

Court

Case Not Filed


Attorneys

Plaintiff

Scott J. Corwin
(Scott J. Corwin APLC)


Defendant

Steven J. Joffe


Experts

Plaintiff

Chi Sheng Zee
(medical)

Defendant

Stephen L.G. Rothman M.D.
(medical)

Richard C. Rosenberg M.D.
(medical)

Facts

On Oct. 24, 2002, the plaintiff, a 28-year-old pharmaceutical sales representative had just come to a stop while traveling eastbound on Mar Vista Street in order to make a left turn, when the defendant who was also eastbound on Mar Vista Street rear ended the plaintiff's vehicle.

Settlement Discussions

The plaintiff demanded the $100,000 third party policy limits from the defendant which were tendered within six weeks. The plaintiff demanded the sum of $500,000 new money which was later lowered to $200,000 new money at mediation from the defendant UIM carrier. The defendant UIM carrier refused to make a settlement offer for over seven months, first requiring depositions of the plaintiff and all three of her treating doctors as well as an IME. At the mediation, the defendant UIM carrier initially offered $50,000 new money which was raised to $198,750 new money which was accepted by the plaintiff. $5,000 in medical payments had previously been paid by the defendant UIM carrier, making the global settlement $303,750. The case was successfully mediated before Jeffrey Krivis of First Mediation.

Specials in Evidence

$20,172 $1,153 $9,994 $60,000

Injuries

The plaintiff sustained cervical and lumbar strain and sprain requiring four months of chiropractic treatments. MRI studies revealed disc protrusions at C4-5 measuring 4 mm and C5-6 measuring 6 mm. The plaintiff is a candidate for surgical intervention in the form of a diskectomy and fusion at C4-5 and C5-6.


#125793

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