Confidential
Settlement – $5,075,000Judge
Court
Fresno Superior
Attorneys
Plaintiff
Nicholas R. Allis
(Law Office Nicholas R. Allis)
Experts
Plaintiff
Robin T. Harrison
(technical)
V. Paul Herbert C.P.S.A.
(technical)
Anthony C. Stein Ph.D.
(technical)
Elizabeth Holakiewicz RN
(technical)
Hugh R. Adams
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
Robert G. Liptai
(technical)
Carol Ann Holder
(technical)
Gerald D. Martin
(technical)
Facts
On August 6, 1994, the plaintiff, a 38-year-old truck driver, parked his truck on an eight to ten foot wide shoulder of the highway after his truck broke down. At 4:00 a.m., the defendant's vehicle allegedly drifted onto the shoulder and hit the back corner of plaintiff's truck. At the time of the accident, the plaintiff's truck was being hooked to a tow truck. The blow to the back of plaintiff's truck jolted his truck into the tow truck which was pushed into plaintiff, throwing him forward.
Settlement Discussions
The plaintiff demanded $6,000,000 (policy limits). The defendant made no settlement offers until a settlement conference held before J. Coleman Fannin (JAMS) wherein the settlement was reached.
Damages
The plaintiff had a $600,000 workers' compensation lien and future medicals were expected to be $2,400,000 (present value) (per plaintiff) and $3,000,000 to $8,000,000 (per defendant).
Injuries
Head injuries. The plaintiff will be confined to a skilled nursing facility for the remainder of his life.
Other Information
The settlement was reached approximately one year and two months after the case was filed. A trial was scheduled for February 20, 1996.
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