Confidential
Settlement – $575,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Robert T. Bergsten
(Hosp, Gilbert & Bergsten)
Facts
On Nov. 27, 1997, at approximately 7:30 p.m., the plaintiff, a 28-year-old air conditioner installer, was driving his automobile southbound on Interstate 5. The defendant limousine driver, who owned the defendant limousine company, was driving his limousine southbound in the No. 2 lane of the same two-lane freeway, several cars in front of the plaintiff. The defendant limousine driver was low on fuel, so he slowed down to 5 mph to conserve fuel. He did not turn on his flashers or drive in the available shoulder. Three or four automobiles nearly collided with the defendantÆs limousine, or with each other, as they passed the defendant on the shoulder at highway speeds. The plaintiffÆs vehicle, approaching the limousine from behind, was unable to stop in time, and struck the limousine in the rear. The plaintiff took his seatbelt off to exit his vehicle after the collision, as his vehicle was disabled. As the plaintiff was attempting to exit, about thirty seconds after the first collision, his vehicle was struck in the rear by an automobile driven by the defendant automobile driver at high speed. The plaintiff was ejected and knocked unconscious. The police report indicated that the defendant limousine driver stated that he had been traveling at 70 mph when the plaintiff rear-ended him. The plaintiff was not interviewed at the scene, as he was unconscious. The police investigation found the plaintiff to be at fault. The plaintiff brought this action against the limousine driver, his limousine company, and the automobile driver based on negligence. The defendant automobile driver cross-complained against the plaintiff and the limousine company. He settled with the limousine company for $12,000 and for $6,000 with the plaintiffÆs insurer.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $340,000, followed by a settlement demand for policy limits of $750,000. The defendant limousine company made a settlement offer of $240,000, followed by an offer for $550,000 after the mediation. The defendant automobile driver tendered the policy limits of $25,000 immediately after the plaintiffÆs demand.
Specials in Evidence
$65,000 $50,000
Injuries
The plaintiff claimed he suffered a severely fractured ankle, requiring three surgeries and resulting in a strong likelihood of arthritis. The plaintiff also claimed he suffered closed-head trauma resulting in personality changes, as well as numerous cuts and abrasions.
Other Information
The settlement was reached approximately one year and four months after the case was filed. A mediation was held before Judge James N. Reese of JAMS/Endispute, resulting in the reported settlement.
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