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CONFIDENTIAL

Oct. 26, 2000

Personal Injury (Vehicular)
Bicycle v. Truck
Failure to Yield

Confidential

Settlement –  $750,000

Court

Franklin Superior


Attorneys

Plaintiff

William J. Flynn
(Neyhart, Anderson, Flynn & Grosboll)


Defendant

Todd M. Elliott


Facts

The plaintiff, a 17-year-old student, contended that he was riding his bicycle across an intersection when he was struck by defendant Salvation Army's van that ran a red light. The accident was witnessed by a policeman who was sitting at the light.

Settlement Discussions

The plaintiff made a settlement demand for $2,711,836. The defendant offered $350,000.

Specials in Evidence

$10,804

Injuries

The plaintiff claimed closed head injury with subsequent clonic/tonic seizures, lacerations, fractures right clavicle and two teeth. The defendant neurologist contended that it was unclear if seizure disorder was related to the accident or pre-accident history of dizziness and loss of consciousness. The plaintiff in special education classes diagnosed with ADD and learning disorder because of the incident.


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