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CONFIDENTIAL

Mar. 14, 1998

Personal Injury
Auto v. Truck
Head-On Collision

Confidential

Settlement –  $2,000,000

Court

Placer Superior


Attorneys

Plaintiff

Paul V. Melodia


Defendant

David S. Worthington


Facts

On May 13, 1997, decedent, a 42-year-old quality control inspector, was driving home from work along State Route 65, a two-lane highway, when defendant's vehicle came across the road and collided with the front end of his vehicle at highway speeds. The decedent died at the scene of the accident. The defendant driver also died in the accident, and a post-mortem examination revealed that defendant had been driving under the influence of amphetamines. The defendant driver was operating a pick-up truck owned by his employer. The decedent was wearing his seatbelt at the time of the collision. The plaintiffs, the decedent's widow and children, brought this action against the driver and his employer based on negligence and wrongful death theories of recovery.

Settlement Discussions

The plaintiffs made a settlement demand for $3.25 million. The defendants made an offer of $1 million.

Damages

The plaintiffs claimed $4,742.62 for funeral and burial expenses and $576,069 (present value) in damages for loss of support.

Injuries

Death of a husband and father.

Other Information

The settlement was reached approximately four months after the case was filed and before taking depositions. MEDIATION: A mediation was held on Dec. 16, 1997, before Joseph Ramsey, Esq., resulting in the reported settlement.


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