Confidential
Settlement – $4,500,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
David R. Kipper
(Booth Mitchel & Strange LLP)
Defendant
Experts
Plaintiff
Richard H. Andersen
(technical)
Ronald P. Carr
(technical)
Dennis R. Malkasian
(medical)
Melvin Schwartz
(medical)
William N. Hewitt
(technical)
Robert Galbraith
(medical)
Defendant
Roberta J. Spoon
(technical)
Edward L. Workman
(technical)
Donald L. Asa
(technical)
Doreen Casuto RN, MRA, CRRN, CCM
(medical)
Edward A. Abraham M.D.
(medical)
Fred H. Cady
(technical)
Facts
On February 22, 1992, Plaintiff, a 19-year-old student, went to Tijuana with her fiance and three friends. During the drive home, to Los Angeles, at approximately 1:00 a.m. on February 23, 1992, Plaintiff was asleep in the front passenger seat; her fiance was driving, and the three friends were in the back seat. All the passengers were wearing seat belts. As they left Tijuana, they experienced patchy fog that increased in thickness as they drove north. At the same time, a truck driver for Defendant Corporation, was driving a tractor/trailer north on I-5 Freeway in the same foggy conditions. The tractor/trailer driver alleged that he came upon a small pick-up truck parked in the slow lane of the freeway with its lights off; he was unable to avoid the pick-up truck, struck the vehicle, crossed all freeway lanes to the left, and stopped at the center divider. His tractor was stopped in the center divider and his trailer was extended across the three fast lanes, perpendicular to the northbound flow of traffic. The Plaintiff's vehicle came upon the scene, but did not see the tractor/trailer in time to stop, because of the fog. Plaintiff's vehicle collided with the trailer and proceeded partially under the trailer, crushing the roof of Plaintiff's vehicle. During this collision, Plaintiff sustained catastrophic injuries.
Settlement Discussions
Offers and demands were not disclosed.
Specials in Evidence
$450,000 not claimed $400,000
Injuries
C6-7 quadriplegia.
Other Information
The driver of the small pick-up truck received a default judgment. The settlement with the remaining Defendants occurred during the second week of trial.
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