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CONFIDENTIAL

Feb. 28, 1998

Personal Injury
Auto v. Truck
U-Turn Collision

Confidential

Settlement –  $650,000

Court

Orange Superior


Attorneys

Plaintiff

Richard A. Cohn
(Aitken Aitken Cohn)

Wylie A. Aitken
(Aitken Aitken Cohn)


Defendant

John L. Setchell


Experts

Plaintiff

Kenneth S. Obenski
(technical)

Anthony C. Stein Ph.D.
(technical)

Facts

The decedents, husband and wife, ages 74 and 76, were travelling southbound on MacArthur Boulevard in Irvine at approximately 10 p.m. in an unlit area. Defendant was delivering a paving machine to a construction site under the direction of the San Joaquin Transportation Corridor Agency. Defendant proceeded to make a U-turn in the middle of MacArthur Boulevard. Decedent husband failed to see the tractor-trailer rig that was completely blocking MacArthur Boulevard and slammed into the trailer carrying the paving machine. Both husband and wife sustained fatal injuries. Another vehicle traveling behind the decedents also failed to see the trailer blocking the street and rear-ended the decedents' vehicle. The plaintiffs, the decedents' heirs, brought this action against the defendant driver and his employer based on a negligence theory of recovery.

Settlement Discussions

The plaintiffs made a settlement demand for $1 million (jointly with the other driver who rear-ended decedents). Per plaintiff, defendants made no offer. Per defendants, they made an offer just before trial.

Injuries

Death of a husband and wife.

Other Information

The settlement was reached approximately one year after the case was filed.


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