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CONFIDENTIAL

Jan. 2, 2001

Personal Injury (Vehicular)
Auto v. Auto
Negligence

Confidential

Settlement –  $812,500

Judge

Thierry P. Colaw

Court

Orange Superior


Attorneys

Plaintiff

Mark J. Peacock


Facts

On Dec. 12, 1999, at approximately 5 p.m., the plaintiff, a 42-year-old man, was driving the family car eastbound
on Slater in the City of Fountain Valley approaching the intersection with Magnolia. His wife was the right-
rear passenger. Their 9-month-old daughter was a left-rear passenger, seated in a childÆs car seat.
Also at that time, the defendant was traveling westbound on Slater approaching the intersection and was in the
course and scope of employment with a home delivery company. The defendant was in the process of
delivering foodstuff to his last delivery stop on the day when he approached the intersection of Slater and
Magnolia via a left-turn lane. The defendant had a green light and proceeded to commence a left turn through
the intersection.
The plaintiffs also had a green light. The defendant failed to yield on his green (as he was required to do) and
turned his truck left right in front of the plaintiffsÆ vehicle. The plaintiff attempted to avoid the accident by
braking out but was unsuccessful and the two vehicles collided. As a result of the accident, the plaintiffs
suffered injuries.
The plaintiff thereafter filed this action based upon the negligence of the defendants.

Settlement Discussions

The plaintiffs demanded $950,000. The defendants' initial offer was $378,000.

Specials in Evidence

$63,629 (husband); $48,306 (wife); $573 (daughter) $35,000 (husband); $204 (wife)

Damages

$2,641


#126922

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