Confidential

Facts

On Aug. 25, 2004 at 1:30 p.m., the plaintiff was driving his 1983 BMW 633 CSI westbound on Ocean Park
Boulevard in the number one lane. He brought his vehicle to a controlled stop at the intersection of Cloverfield
Avenue for a red traffic light and, after approximately 60 seconds, was struck without warning from the rear by
a 2000 Honda Civic owned and operated by the defendant. The impact was sufficient to push the BMW into
the intersection.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that liability was clear and that he had no prior injuries to his shoulder.

DEFENDANT'S CONTENTIONS:
The defendant disputed the nature and extent of the plaintiff's injuries; specifically, that he could have sustained a tear in the rear-end collision.

Injuries

Left shoulder rotator cuff tear requiring arthroscopic surgery.

Result

Settlement: $100,000.