Confidential
Settlement – $4,400,000Facts
On July 23, 2002, the plaintiff was driving home from work when his Explorer vehicle was clipped on the right rear wheelwell area by a KIA vehicle merging into his lane of travel while on the I-5 freeway at its interchange with the northbound I-78. The impact caused the plaintiff's vehicle to fishtail and lose control at 60 mph, crashing into the right retaining wall and overturning three times. The plaintiff was airlifted off the freeway to Scripps with an open skull fracture in critical condition. He was hospitalized for three weeks with a plate insertion in his skull, nine fractured ribs, compression of three cervical vertebrae requiring surgical repair and limitation of movement of his left arm. Although the plaintiff has made a remarkable recovery, he has a mild traumatic brain injury with an imbalance problem and chronic fatigue. The plaintiff, a 50-year-old married father of two teenage boys, was a partner with a firm that outsources Chief Information Officers and Chief Executive Officers to corporations nationwide, and had been working at the company in San Diego for a year as its CIO, earning $825 per day on a five-day per week basis. He would have continued working with the company on an indefinite basis through his outsourcing firm, probably becoming a full-time executive with the company at some point in the future.
Settlement Discussions
The plaintiffs made a C.C.P. Section 998 demand for $5 million policy limits. The defendants made zero offers prior to the August 15 mediation, although the insurer advanced $50,000 to the plaintiff for living expenses in November 2002.
Specials in Evidence
$295,000 $210,000 $2.3 million $40,000
Injuries
In addition to the deep laceration and open skull fracture, the plaintiff sustained traumatic brain injury, fractured sternum, nine fractured ribs, fractured T2 vertebra, fractured right eye socket, 18 micro-fractures to the right side of his face, C2-6 rotatory subluxation, fractured C2-3 vertebra, left brachial plexus injury, fractured left scapula, right medial meniscus tear, fractured left ulna and olfactory nerve damage resulting in permanent loss of smell and taste.
Other Information
The matter was successfully mediated by retired Judge Russell Bostrom of Judicate West.
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