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CONFIDENTIAL

Aug. 13, 2009

Personal Injury
Auto v. Pedestrian
Failure to Yield the Right-of-Way

Confidential

Settlement –  $350,000

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Marilyn H. Nelson
(Zukor & Nelson)

Abram C. Zukor
(Zukor & Nelson)


Defendant

Paul H. Lussman III


Facts

The plaintiff, a 28 year-old female, was struck while crossing Sunset Boulevard in Pacific Palisades. She was in the crosswalk when she was struck by a vehicle driven by defendant, who made an abrupt left turn in front of oncoming traffic.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant violated Vehicle Code section 21950(a), failure to yield the right-of-way.

DEFENDANT'S CONTENTIONS:
The defendant disputed the nature and extent of plaintiff's injuries.

Specials in Evidence

$20,000 (as per plaintiff's counsel); $91,650 (as per defense counsel) $15,000

Injuries

The plaintiff suffered mild traumatic brain injury, confirmed by neurologist, and torn meniscus requiring arthroscopic surgery.

Result

The case settled three weeks before trial for $350,000 before mediator Janet R. Fields, Esq.

Other Information

EXPERT TESTIMONY: Carl Orfuss, M.D., testified at his deposition that plaintiff suffered a mild brain trauma but should recover within the year. FILING DATE: Sept. 16, 2008.


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