Confidential
Settlement – $365,000Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Robert A. Brenner
(Law Office of Robert A. Brenner)
Defendant
Experts
Plaintiff
Jerome Schwartz
(technical)
Jon McKibben
(technical)
John Reeves II
(medical)
Bert Mendelbaum
(medical)
Phillip H. Allman III, Ph.D.
(technical)
Defendant
Phillip J. Kanter
(medical)
Facts
On Nov. 29, 1994, the plaintiff, a 65-year-old writer, was driving his 1995 Volkswagen Golf with his wife, a 35-year-old writer, in the front passenger seat. They were traveling southbound on 26th Street approaching Georgina Avenue in Santa Monica (a "T"- intersection). The defendant age 17 at the time of the accident, was driving alone with a provisional drivers license. She was at the time exiting a private driveway on the eastside of 26th Street from a shopping center parking lot with the intention of proceeding straight across 26th Street towards Georgina. In exiting the private driveway, the defendant was proceeding against a "Do Not Exit" sign, warning her that this was not a safe exit, and against directional arrows placed on the pavement at the exit. The collision occurred when the defendant suddenly accelerated from the parking lot in her attempt to cross 26th Street and caused her vehicle to impact the left side of plaintiffs' Volkswagen. As a result of the impact, the plaintiff lost control of his vehicle, travelled in a southwesterly direction and crashed into a concrete wall on the southwest corner of 26th Street and Georgina. Both plaintiff's were wearing lap and shoulder seat belts and both driver and passenger's air bags deployed upon the first impact. The plaintiffs' Volkswagen was totaled in the accident. The plaintiffs husband and wife, brought this action against the defendant based on negligence, negligence per se and loss of consortium theories of recovery.
Settlement Discussions
The plaintiffs made an initial settlement demand for $450,000. The defendant made an initial settlement offer of $225,000.
Specials in Evidence
$28,000 (plaintiff husband); $2,700 (plaintiff wife) $147,000 (present value)
Injuries
The plaintiff wife alleged she suffered soft tissue injury to her neck and back and bruises and abrasions about her body. Additionally, the plaintiff wife claimed damages for loss of consortium. The plaintiff husband alleged he suffered a fractured right pattella, requiring surgery; a ruptured right patella tendon, requiring right patella resection; a fractured thumb, reflex sympathetic distrophy syndrome; scarring and disfigurement to the right leg and chronic pain syndrome. In addition to the original surgical procedure for repair of the knee injuries, the plaintiff husband underwent two subsequent arthroscopic surgeries consisting of debridement and lateral release.
Other Information
The settlement was reached approximately one year and five months after the case was filed. A mediation was held on June 20, 1996 before Charles Peterson. It failed to resolve the matter. At the time of the accident, the plaintiff husband and the plaintiff wife who collaborated with him, were professional writers who's published works included six popular books. One of their most successful books, was made into a movie for television, starring a well-known actor. At the time of the accident, the plaintiff had submitted a treatment for another book; however, due to the plaintiff husband's injuries, the plaintiffs have been unable to develop that writing.
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