Confidential
Settlement – $580,000Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Lawrence P. Riff
(Los Angeles County Superior Court)
Experts
Plaintiff
Phillip S. Lewis
(technical)
William P. Jennings
(technical)
James C. Zmolek
(medical)
Facts
On July 7, 1994, the plaintiff, a 39-year-old USFS engine captain, was called to duty from his station in Santa Barbara, and was enroute to a fire in Frazier Park. The plaintiff was driving a Chevy C-60 fire engine in the eastbound lane of Highway 126 east of Racho Camulos in Ventura County. The plaintiff was traveling at approximately 50 mph when he was struck head-on by the defendant driver who was driving a semi-truck and trailer owned by defendant company. The plaintiff brought this action against the defendants, the driver and his employer based on negligence and respondeat superior theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $750,000. The defendants made a C.C.P. º998 offer of compromise for $175,001.
Specials in Evidence
$41,706 $229,912
Injuries
The plaintiff claimed impingement syndrome with degenerative arthritis in the acromioclavicular joint. Chronic lumbar strain, thoracic strain, intercostal strain, hip and anterior thigh strain.
Other Information
The verdict was reached approximately one year and one month after the case was filed. An arbitration was held on April 5, 1996 before Arnold W. Gross, Esq. of Law Offices of Robert M. Baskin, resulting in an award of $402,642. The defendants requested a trial de novo.
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