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CONFIDENTIAL

Jan. 20, 1996

Personal Injury (Vehicular)
Negligence
Motorcycle Accident

Confidential

Settlement –  $300,000

Judge

Ben T. Kayashima

Court

San Bernardino Superior


Attorneys

Plaintiff

David L. Margulies


Defendant

Bruce MacLaughlin


Experts

Plaintiff

Ted Reyland
(technical)

Defendant

Edward A. Abraham M.D.
(medical)

Robin T. Harrison
(technical)

Facts

On April 19, 1993, at approximately 7:00 a.m., the plaintiff, a 35-year-old security guard, was operating his motorcycle in the westbound number two lane of the Pomona Freeway ("60 Freeway") in the traffic moving between 20 and 30 mph. The defendant driver was operating a tractor-trailer owned by the defendant company in the number two westbound lane. Another entity was operating a semi tractor-trailer in the number three westbound lane. While behind the defendant driver's vehicle, the plaintiff noticed that it moved to its left, still remaining within the number two lane. The third vehicle was to the plaintiff's right. As the plaintiff attempted to pass the defendant driver's vehicle on the right, traffic in the number two lane slowed down and traffic in the number three lane started to pass. When the plaintiff's motorcycle was approximately half way down the length of the tractor-trailer in between the number two and three lanes, the tractor-trailer moved to the right side of the number two and three lanes and struck the plaintiff's motorcycle. The plaintiff was thrown to the roadway and the third vehicle's rear wheels (the semi tractor-trailer) ran over the plaintiff's legs. The plaintiff brought this action based on a negligence theory of recovery.

Settlement Discussions

The plaintiff demanded $375,000. The defendants offered $225,000.

Specials in Evidence

$125,000 $50,000 $25,000

Injuries

Fractures to both femurs, tibias and fibulas; peroneal nerve damage, loss of muscle and loss of skin requiring grafting.

Other Information

The settlement was reached approximately one year and seven months after the case was filed.


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