Confidential
Settlement – $1,200,000Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Donald E. Karpel
(Zelner & Karpel)
Defendant
Robert C. Ceccon
(Richards Watson & Gershon APC)
Facts
On July 25, 2001, the defendant Freier was traveling westbound on Olympic Boulevard at approximately 75 mph as he approached the intersection with Spaulding Drive. Unable to stop due to the excessive speed, the defendant's motor vehicle collided with a car facing eastbound on Olympic Boulevard that was attempting to make a left hand turn onto Spaulding Drive. Due to the impact of the collision between the two vehicles and the high rate of speed at which the defendant was operating a motor vehicle, the defendant's vehicle rolled over onto the sidewalk located at the northwest corner of Olympic Boulevard and Spaulding Drive and struck and killed two pedestrians, the decedent Rona Smith and Evelyn Rodin who were standing on the sidewalk at the time. The plaintiff sued the City of Beverly Hills alleging the traffic signal was phased improperly, and that it constituted a dangerous condition. Rodin dismissed her lawsuit for a waiver of costs. The city obtained summary judgment against Smith. The court found that Freier's use of property of was not a foreseeable use. PERSONAL INJURY
AUTO V. PEDESTRIAN
Wrongful Death
SETTLEMENT: $1.2 million.
CASE/NUMBER: Richard Smith and Estate of Rona Smith v. Joseph Freier, Thomas Feingold, Chaim Elias,
Daniel Weinstock, City of Beverly Hills, City of Los Angeles, Daytona Detail, Kahal Joseph Congregation,
Westwood Kehilla Orthodox Synagogue, et al. / SC073058.
COURT/DATE: Los Angeles Superior Santa Monica / March 4, 2003.
JUDGE: Hon. James A. Bascue, Dept. N.
ATTORNEYS: Plaintiff - Donald E. Karpel (Law Offices of Zelner & Karpel, Beverly Hills).
Defendant - Robert C. Ceccon (Richards Watson Gershon, Los Angeles) for City of Beverly Hills.
FACTS: On July 25, 2001, the defendant Freier was traveling westbound on Olympic Boulevard at
approximately 75 mph as he approached the intersection with Spaulding Drive. Unable to stop due to the
excessive speed, the defendant's motor vehicle collided with a car facing eastbound on Olympic Boulevard that
was attempting to make a left hand turn onto Spaulding Drive. Due to the impact of the collision between the
two vehicles and the high rate of speed at which the defendant was operating a motor vehicle, the defendant's
vehicle rolled over onto the sidewalk located at the northwest corner of Olympic Boulevard and Spaulding
Drive and struck and killed two pedestrians, the decedent Rona Smith and Evelyn Rodin who were standing on
the sidewalk at the time.
The plaintiffs sued the City of Beverly Hills alleging the traffic signal was phased improperly, and that it
constituted a dangerous condition. Rodin dismissed her lawsuit for a waiver of costs.
The city obtained summary judgment against Smith. The court found that Freier's use of property of was not a
foreseeable use.
The plaintiffs also sued the owner of the vehicle, the driver of the vehicle, the passengers in the vehicle, and a
temple at which the driver worked. Those defendants paid $1.2 million total to settle the plaintiffs' lawsuits.
Settlement Discussions
The parties settled for $1.2 million.
Damages
Wrongful death.
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