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CONFIDENTIAL

Feb. 28, 1998

Personal Injury
Auto v. Truck
Rear-End Collision

Confidential

Settlement –  $18,000

Judge

John J. Hunter

Court

Ventura Superior


Attorneys

Plaintiff

James D. Daily
(Daily Law Group)


Defendant

Clifton L. Wiseman


Experts

Plaintiff

Yolanda Cillo
(medical)

Defendant

Timothy J. Gray
(medical)

Facts

On Jan. 26, 1996, plaintiff, a 38-year-old registered nurse, was in her vehicle at the exit of a McDonald's restaurant. Plaintiff, with her three minor children as passengers, were stopped and waiting for traffic when defendant rear-ended plaintiffs with his pickup truck. There was one witness to the accident. Per plaintiff, the accident caused $400 in property damage to plaintiffs' vehicle. The plaintiffs brought this action against defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $__________. The defendant made a C.C.P. º998 offer of compromise for $_____________ .

Damages

The plaintiffs' claimed damages included approximately $4,700 in medical bills and $2,300 in lost earnings for plaintiff driver plus $800 in medical bills for plaintiff's son. The other two minor passengers had no medical bills.

Injuries

Plaintiff driver claimed permanent injuries to the scapulothoracic trigger joints, pain and discomfort in the upper trapezius, left shoulder and left side of neck. All three minor children claimed pain and discomfort in their backs.

Other Information

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


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