Confidential
Settlement – $1,200,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Peter J. Gates
(Gates, Gonter,Guy, Proudfoot & Muench LLP)
Experts
Plaintiff
Catherine M. Graves MBA
(technical)
Benjamin H. Rubin
(medical)
Gerald P. Bretting
(technical)
Forest Billington
(technical)
Michael M. Drucker
(medical)
Defendant
Brian Ewald
(medical)
Joyce Elaine Pickersgill
(technical)
Edward L. Workman
(technical)
Stanley H. Meyers
(technical)
Facts
On May 22, 1995, the plaintiff husband, a 40-year-old police officer, was proceeding in a marked police unit through the intersection of Prospect and Irvine Blvd. in response to a medical aide call and with Code 3 (lights and siren) authorization. The plaintiff came to a stop at the intersection, checked cross traffic for Irvine Blvd. and noted that three westbound lanes came to a stop in response to his lights and siren. As he slowly crossed the intersection, he observed that the traffic for eastbound Irvine Blvd. had come to a stop in the left turn pocket, lanes No. 1 and No. 2. He then looked to lane No. 3 and did not see any vehicles stopped or approaching. He proceeded across the lane and his unit was struck by a vehicle driven by the 18-year-old defendant driver. The impact speed was estimated at 44 mph and caused the police car to spin in the intersection. The plaintiff had been a full-time patrol officer since February 1982. He was consistently evaluated as "outstanding" and "excellent" on performance evaluations, and was expected to be named the next sergeant on the force. The plaintiffs, husband and wife, brought this action against the defendant driver and the owner of the vehicle based on negligence and loss of consortium theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $2 million reduced to $1.6 million. The defendants made a C.C.P. º998 offer of compromise for $500,000, increased to $700,000.
Specials in Evidence
$37,000 $53,000 $540,000 $100,000
Injuries
The plaintiff husband alleged he suffered a torn medial meniscus, which was repaired arthroscopically. The plaintiff husband underwent a high tibial osteotomy which involved removal of a wedge of bone from the tibia. This procedure realigned the plaintiff's leg and unweighted the exposed bone surface. The plaintiff contended that even after the osteotomy, he continued to experience substantial instability in his knee which required full time use of a hinged brace. The plaintiffs contended that one of the expected results of undergoing such an osteotomy is that the knee becomes unstable, and that this instability prevented him from performing the duties of a police officer. The defendants contended that the plaintiff had significant degenerative changes in his right knee before the acident; and that he likely experienced significant pain, discomfort, locking and catching of his right knee despite no reported episodes. soft tissue neck and back injuries. He claimed a total knee replacement was expected in 8 to 10 years.
Other Information
The settlement was reached approximately 10 months after the case was filed. MEDIATION: A mediation was held on Nov. 12, 1996 before Judge John K. Trotter of JAMS/Endispute, resulting in the reported settlement.
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