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CONFIDENTIAL

Mar. 21, 2004

Personal Injury
Auto v. Auto
Rear-End Collision

Confidential

Settlement –  $35,000

Judge

Charles W. Stoll

Court

L.A. Superior Burbank


Attorneys

Plaintiff

David A. Azran
(Rosenstock & Azran)


Defendant

Herbert H. Hiestand Jr.


Facts

The defendant, operating her 1992 Buick La Sabre rear-ended the Lincoln Navigator, in which the plaintiff was a passenger at a speed of approximately 15-20 mph. Paramedics were called to the scene but did not treat any of the three occupants who were in the plaintiff's vehicle, nor the driver of the car in front of the Lincoln and which was struck by the Lincoln after it had been rear-ended by the defendant's Buick. Liability was admitted.

Settlement Discussions

The plaintiff had originally demanded $100,000; prior to the mediation hearing, the plaintiff filed a C.C.P. Section 998 for $75,000. Subsequently, the defendant indicated a willingness to settle for $25,000. The case did not settle at that sum, but later settled at $35,000 before the scheduled jury trial date.

Specials in Evidence

$4,000 (chiropractor); $8,000 (dental)

Injuries

The plaintiff's expert maintained that although there was conservative dental treatment, the plaintiff had sustained permanent disability to the TMJ, bilaterally, which would require future medical treatment.


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