Confidential
Settlement – $150,000Facts
On March 4, 1994, the plaintiff, a 26-year-old truck driver, was standing by his delivery truck when a golf cart owned and maintained by the defendant company struck him, pinning his leg against a fork lift. The plaintiff brought this action based on negligence and premises liability theories of recovery.
Settlement Discussions
On June 5, 1995, the plaintiff made a C.C.P. º998 demand of $175,000. The defendant's initial offer was $135,000.
Injuries
Tibial fracture requiring an open reduction, internal fixation and second surgery to remove the hardware; patellar tendonitis; and a small scar just below the knee cap.
Other Information
The case was settled approximately nine and a half months after it was filed. The worker's compensation insurance company (intervenor) had paid $23,461 (medical payments), $14,562 (temporary disability) and $3,990 (permanent disability) for a total of $42,013. The plaintiff was rated by worker's compensation to be 9.5% permanently disabled as a result of the incident. The worker's compensation lien was paid out of the gross recovery (discounted by 15%).
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