Confidential
Settlement – $140,000Facts
On May 1, 1997, the plaintiff, a 48-year-old technical writer, was rear-ended by defendant on Walker Street in the city of La Palma when his brakes failed. The plaintiff contended that the defendant was negligent in the operation of his vehicle for failing to stop before he rear-ended the plaintiff. The plaintiff further contended that the defendant negligently maintained his vehicle as the brakes failed prior to impact. The defendants admitted liability, but contended the plaintiff's injuries were not caused by the subject accident but were pre-existing, as evidenced by a pre-accident magnetic resonance imaging (MRI) of her cervical spine and prior cervical spine treatment. The plaintiff brought this action against the defendant driver and his employer based on negligence and respondeat superior theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $_________. The defendants made a C.C.P. º998 offer of compromise for $__________.
Damages
The plaintiff claimed $45,000 in past medical expenses and $5,000 in lost earnings.
Injuries
The plaintiff claimed an exacerbation of pre-existing disc bulges at C4-5, C5-6, C6-7, which required a cervical fusion as a result of the accident.
Other Information
The settlement was reached on the first day of trial.
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