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CONFIDENTIAL

Feb. 28, 1998


Personal Injury
Auto v. Pedestrian
Crosswalk

Confidential

Settlement –  $400,000

Mediator

Daniel F. Quinn

Court

San Joaquin Superior


Attorneys

Plaintiff

Stanley J. Casper
(Casper, Meadows, Schwartz & Cook)


Defendant

Peter J. Whipple


Experts

Plaintiff

Richard N. Stuart
(technical)

Defendant

John D. Lang
(medical)

Robert W. Lillywhite
(technical)

Anthony H. Jew
(medical)

Facts

On Dec. 12, 1995, plaintiffs, a 37- and 47-year-old couple who subsequently married during the pendency of the litigation, were crossing a residential street in a marked crosswalk in the City of Stockton. The defendant doctor failed to see them in time, applied brakes and struck them in the crosswalk. 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 $525,000. The defendant made a C.C.P. º998 offer of compromise for $335,000.

Specials in Evidence

$80,000 (both plaintiffs) At the time of the accident neither plaintiff was working in a full-time capacity and wage loss was, therefore, minimal

Injuries

Both plaintiffs recovered from their injuries with minimal residual deficits.

Other Information

The settlement was reached approximately one year after the case was filed. MEDIATION: A mediation was held on Jan. 10, 1998, before Dan Quinn of Stockton resulting in the reported settlement.


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