Confidential
Settlement – $850,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Christopher J. Morey
(Morey & Upton LLP)
John H. Upton
(Morey & Upton LLP)
Defendant
Experts
Plaintiff
Joyce Elaine Pickersgill
(technical)
Harry J. Krueper Jr.
(technical)
Richard H. Andolsen
(technical)
Mark Legome
(medical)
Defendant
Lawrence Barnett
(medical)
Facts
On June 23, 1994, the plaintiff father, a 37-year-old car audio installation manager, and his 6-year-old son were stopped for traffic on freeway when defendant's employee/driver rear-ended plaintiff's vehicle at approximately 25 mph. The defendant's employee/driver was driving the defendant's glass delivery truck. The plaintiffs, the father, his 35-year-old wife and their son, brought this action against the defendant company based on negligence and respondeat superior theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $1 million. The defendant made an offer of $600,000.
Specials in Evidence
$47,000 (plaintiff father) $25,000 (plaintiff father) $600,000 (plaintiff father) $80,000 to $100,000 (plaintiff father)
Injuries
The plaintiff father alleged he suffered exacerbation of pre-existing spondylolysis resulting in nearly two years of physical therapy, then a decompressive laminectomy surgery, with a multi-level fusion being predicted as a necessary surgery within one year. The plaintiff mother alleged loss of consortium. The plaintiff son alleged he suffered emotional distress and slight soft tissue neck and backaches.
Other Information
The settlement was reached approximately one year and one month after the case was filed. A voluntary settlement conference was held on June 21, 1996 before Judge _______ Beacom of JAMS/Endispute. If failed to resolve the matter.
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