Confidential
Settlement – $125,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gerald P. Bretting
(technical)
Robert G. Watkins
(medical)
John B. Dorsey
(medical)
Robert W. Chandler
(medical)
Defendant
John Clements
(technical)
Stephen M. Weiss
(medical)
Facts
On Oct. 5, 1994, the plaintiff, a 42-year-old part-time school teacher, was driving her 1986 Audi 500S Station Wagon enroute to church to drop her 6-year-old child off for choir practice. While near Coronal Del Mar High School, she came to a stop at an intersection for other traffic and students exiting the high school and a nearby parochial school. While stopped, her vehicle was rearended by a 1988 Jaguar XJ6 being driven by the 13-year-old defendant. The impact speed was estimated to be 10 to15 mph and resulted in minimal property damage to the plaintiff's vehicle. The plaintiff brought this action against the minor and her father based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $185,000. The defendants made a settlement offer of $60,000 at the mediation.
Specials in Evidence
$13,000 $8,000 $2,300
Injuries
The plaintiff alleged she sustained a 4-5 mm disc protrusion at L4-5, requiring no surgery, and a suspected medial meniscus tear and anterior cruciate ligament tears.
Other Information
The settlement was reached approximately one year and three months after the case was filed. MEDIATION: A mediation was held on June 27, 1996 before Gil Lasky, Esq. It did not resolve the matter. At the beginning of the suit, the defendants defaulted and later declared bankruptcy. After the bankruptcy stay was lifted and the plaintiff agreed to proceed against insurance proceeds only, the case settled in approximately seven months.
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