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CONFIDENTIAL

Feb. 3, 1996

Personal Injury (Vehicular)
Product Liability
Seat Belt

Confidential

Settlement –  $605,000

Judge

Paul R. Martin

Court

Madera Superior


Attorneys

Plaintiff

Jay S. Belshaw
(Law Offices of Jay S. Belshaw)


Defendant

Harvie Ruth Schnitzer

James D. Emerson

Anthony E. Sonnett
(Lewis, Brisbois, Bisgaard & Smith LLP)


Facts

On August 3, 1993, the plaintiff, a 59-year-old registered nurse, was operating his vehicle in the course of his employment when he was broadsided in an intersection by a vehicle driven by the defendant. The plaintiff's vehicle rolled and his head went through the windshield. The plaintiff alleged that the vehicle had a defective restraint system. The plaintiff brought this action based on negligence and product liability theories of recovery.

Settlement Discussions

The plaintiff demanded $600,000 (combined single policy limit) from the defendant driver and settled for $490,000. The defendant driver settled with the remaining occupants for $110,000. The plaintiff settled with the remaining defendants for $115,000. The plaintiff demanded $250,000 from the defendant manufacturer and was offered $50,000.

Injuries

Chip fracture of C1; right parietal skull fracture; C5 disc herniation; rib fractures; bruising of face, neck and chest; and wrist fracture resulting in short term memory loss, loss of taste and smell and residual pain in the plaintiff's back, neck and wrist.

Other Information

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


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