Confidential
Settlement – $300,000Judge
Court
Tulare Superior
Attorneys
Plaintiff
Defendant
Facts
On May 24, 1995, the plaintiff, a 52-year-old hay broker, was driving on Prosperity Street in Tulare when he encountered a dust storm. He slowed due to zero visibility and attempted to feel his way to the side of the road. The defendant, a minor driving with a suspended license, struck a vehicle which was headed in the opposite direction and then rearended the plaintiff's vehicle. The plaintiff brought this action against the minor defendant and the minor's parents based on negligence and negligent supervision theories of recovery.
Settlement Discussions
The plaintiff initially made a settlement demand for $500,000, inreased to $750,000. The defendants made a settlement offer of $125,000, increased to $250,000 (per the plaintiff).
Specials in Evidence
$40,000 $15,000 $__________ (claimed) $25,000
Injuries
The plaintiff alleged he sustained a spinal cord injury resulting in Brown-Sequard syndrome, a herniated disc at T3-4 and partial loss of bowel/bladder control. The plaintiff claimed he has constant pain from disc herniation which is operable but with a high morbidity rate. The plaintiff drags his right leg and walks with a limp.
Other Information
The settlement was reached approximately 10 months after the case was filed. MEDIATION: A mediation was held on Oct. 1, 1996 before Judge Jacobus, retired resulting in the reported settlement.
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