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CONFIDENTIAL

Apr. 10, 2001

Personal Injury (Vehicular)
Auto v. Bicycle
Negligence

Confidential

Settlement –  $510,000

Court

San Diego Superior


Attorneys

Plaintiff

Marc D. Adelman
(Law Office of Marc D. Adelman)


Defendant

Richard Lister


Facts

According to the plaintiff: On Oct. 28, 1997, the plaintiff, a 63-year-old pharmacist, was proceeding westbound
on Woodside Avenue in Santee and proceeded to make a left turn. After signaling and checking the traffic, he
made the turn. As he crossed in to the eastbound lanes to complete his left turn, the rear end of his bicycle was
struck by a truck driven by the defendant, traveling over the posted speed limit.

Specials in Evidence

$40,000 $30,000 $40,000

Injuries

The plaintiff sustained a severe comminuted depressed fracture of the right tibia plateau with resultant exaggerated deformation and permanent disability of the right extremity. The plaintiff needed total right knee replacement. He had a compound fracture of the left clavicle with nerve root impingement. Supination-external rotation type IV fracture of the left ankle.

Result

The plaintiff was paid policy limit of $50,000 by defendant driver. The plaintiff was paid the balance of the underinsured motorist limit under his own policy of $100,000. The plaintiff settled with his umbrella carrier prior to arbitration for additional sum of $410,000. Total recovery of $510,000.


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