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CONFIDENTIAL

Mar. 12, 1994

Personal Injury (Vehicular)
Automobile Accident
Rear End Collision

Confidential

Settlement –  $110,000

Judge

Jane D. Myers

Court

Orange Superior


Attorneys

Plaintiff

Gary L. Chambers
(Chambers & Noronha APC)


Defendant

John P. McKay


Experts

Plaintiff

Michael James
(technical)

John W. Conley
(medical)

Richard H. Anderson
(medical)

Gerald Waldman
(medical)

John Edward Muse
(technical)

Defendant

Roy D. Jablonsky
(technical)

Facts

On May 26, 1989, Plaintiff, a 30-year-old office clerk was the second vehicle involved in a four-vehicle rear end collision. The accident occurred in the westbound, number 2 lane of the Rancho Margarita Parkway, at approximately 7:20 a.m., just past the intersection of Los Alisos and approaching the intersection of El Toro Road. Plaintiff was behind Defendant "A" when she made a stop. Plaintiff and Defendant "B" were able to stop, but the fourth automobile driven by Defendant "C" struck B, who in turn struck Plaintiff, forcing Plaintiff into Defendant A.

Settlement Discussions

Plaintiff contends that they demanded $100,000 and Defendant A offered $50,000 policy limits closest to the time of the settlement.

Specials in Evidence

$32,725 $14,684

Injuries

Moderate disc protrusions at C5-6 and C6-7 requiring a 2-level discectomy and fusion; 4mm protrusion at L5-S1 associated with degenerative disc disease requiring physical therapy; surgery followed an extended period of conservative treatment.

Other Information

Defendants B and C settled out early.


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