Confidential
Settlement – $325,000Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Mike Raguse
(technical)
Nicholas Weider
(medical)
Robert W. Hunt
(medical)
Defendant
Cynthia Lynn Chabay M.D.
(medical)
Robert J. Kopecky
(technical)
Facts
On July 29, 1995, claimants, a 56-year-old doctor and his 45-year-old spouse, were northbound on Bolsa Chica when an uninsured vehicle driven by defendant crossed the center line and had a head-on collision with the claimants. The claimants' vehicle was struck a second time by another northbound vehicle causing it to roll over 1 1/4 times. The uninsured motorist told the police that a phantom car caused her to swerve into opposing traffic, however several witnessess did not see that. According to claimants, she subsequently gave a written statement that the phantom vehicle acutally hit her car, causing her to lose control. The claimants claimed there was no phantom car and alleged that the uninsured motorist was simply making an illegal U-turn and did not pay attention to on-coming traffic. If there had been a phantom car causing the uninsured motorist to have an accident with the claimants, and there was no 'physical contact' between those vehicles, then the claimants would be barred from asserting an uninsured motorist claim. The claimants brought a claim under the uninsured motorist provisions of their policy. After the claimants' uninsured motorist carrier became satisfied that liability existed, since either the phantom car actually hit the uninsured motorist causing the accident or there was no phantom car at all, liability was admitted.
Settlement Discussions
The claimants made a C.C.P. º998 settlement demand for $350,000. The respondent made various offers. Eventually the parties agreed to $325,000 prior to arbitration.
Specials in Evidence
$14,500 (claimant husband); $12,000 (claimant wife) $110,000 $200,000 (because of a 30 percent reduction in work capacity, which was hotly contested)
Injuries
The claimant husband suffered an ulnar nerve laceration, cervical sprain with minimal disc bulging and a fracture of the fifth metacarpal. The claimant wife sustained multiple contusions, a fractured rib (disputed), and shoulder adhesions that became chronic.
Other Information
The settlement was reached approximately 11 months after the case was filed. Binding arbitration was to be held before Keith Wisot of JAMS/Endispute if the matter did not settle. EXPERT TESTIMONY: Defendant's expert claimed that there was no ascertainable loss. In the year of the accident, claimant's earnings actually had increased in spite of the fact that he did not work the entire year. Claimants' expert stated that lost earnings amounted to $110,000 in lost wages, and future wage loss in excess of $200,000.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390