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CONFIDENTIAL

Mar. 2, 1996

Personal Injury (Vehicular)
Automobile Accident
Rear End Collision

Confidential

Settlement –  $20,592

Judge

Sally Disco

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Martin L. Horwitz


Defendant

James Grafton Randall
(Messner Reeves LLP)


Experts

Plaintiff

William S. Nojima
(medical)

Defendant

Daniel F. Trudell
(technical)

Facts

On March 10, 1993, the plaintiff, a 35-year-old supervisor at an adolescent in-house care facility, was stopped at a traffic light at Bundy and Olympic Streets in West Los Angeles. The plaintiff alleged that the defendant driver failed to stop at a red light and rear ended the plaintiff. The plaintiff brought this action against the defendant driver based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a $35,000 settlement demand. The defendant made a settlement offer of $10,000.

Specials in Evidence

$28,000 $30,000 (for surgery and therapy)

Injuries

The plaintiff alleged that he sustained a 4mm disc herniation with partial radial tear requiring chiropractic care and treatment with med-x technology to strengthen his lower back muscles as a result of the accident.

Other Information

The arbitration award was issued approximately one year and nine months after the case was filed. The arbitration was held on December 12, 1995, before Hon. Sally Disco, retired, of A.R.C. Per the defendant, the plaintiff made previous demands for $150,000 and agreed to go to binding arbitration with a minimum of $10,000 and a maximum of $70,000. This matter was previously mediated at A.R.C. Per the defendant, it was the mediator's opinion that the case should settle in the $50,000 to $250,000 range. Per the defendant, the arbitrator, Sally Disco, struck the plaintiff's claims of medical expenses for med-x treatment by Dr. Altfeld. The arbitrator determined that there was no scientific evidence that med-x treatment was accepted by the medical community. These medical expenses amounted to approximately $14,000.


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