Confidential
Settlement – $200,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Experts
Plaintiff
John J. Magrann
(medical)
Allen S. Fonseca
(medical)
Fred Batkin
(medical)
Karen Lynn Smith
(technical)
Lee D. Yoseloff
(medical)
Joseph R. Milligan
(medical)
Defendant
Richard H. Andolsen
(technical)
Joyce Elaine Pickersgill
(technical)
Michael P. Weinstein M.D.
(medical)
John R. Snibbe
(medical)
Thomas F. Fugger Jr., P.E.
(technical)
Facts
On February 8, 1992, Plaintiff, a 64-year-old courier, was stopped for a red light when his vehicle was struck in a rear end collision by Defendant driver in the course and scope of employment with Defendant construction company. Plaintiff is a diabetic. After extensive diagnostic testing in search of physical etiology of the Plaintiff's injuries, a psychological evaluation determined that the Plaintiff suffered from a functional overlay, causing ongoing pain and weakness.
Settlement Discussions
Plaintiff contends their demand was for the policy limits of $500,000 and Defendant's initial offer was $50,000.
Specials in Evidence
$72,500 claimed, but withdrawn not determined
Injuries
Soft tissue neck and back requiring physical therapy; functional overlay resulting in weaker and weaker extremities, requiring orthopedic, neurological, and psychological examinations and therapy.
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