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CONFIDENTIAL

Feb. 8, 1997

Personal Injury
Auto v. Pedestrian
Hit-and-Run Accident

Confidential

Settlement –  $1,850,000

Judge

John P. Farrell

Mediator

Herbert L. Ashby

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Paul R. Kissel

William L. Larson


Defendant

Guillermo W. Schnaider

Clayton C. Averbuck


Experts

Plaintiff

Marcia Hanak
(technical)

Defendant

Ronald E. Saul
(medical)

Facts

On April 9, 1993, at dusk, the plaintiff, a 30-year-old ice cream vendor, was crossing the street mid-block, with a .23 blood alcohol level. The plaintiff passed in front of a vehicle which had stopped to permit him to cross. The defendant driver in the next lane, driving the defendant company's pick-up truck, failed to stop and struck the plaintiff. After striking the plaintiff, the defendant driver fled the scene of the accident. The defendant driver was identified by several witnesses and subsequently fled the country with a felony hit-and-run arrest warrant pending. The plaintiff brought this action against the defendants based on negligence and respondeat superior theories of recovery.

Settlement Discussions

The settlement discussions were not disclosed.

Specials in Evidence

$200,000 (per the plaintiff); $350,000 (per the defendant) $1 million (present value)

Damages

Per the defendant, the plaintiff claimed $3.5 million at mediation.

Injuries

The plaintiff alleged he suffered severe head injuries resulting in significant traumatic brain injury. The plaintiff also alleged that he sustained multiple fractures.

Other Information

The settlement was reached four weeks prior to trial. MEDIATION: A mediation was held on Sept. 11, 1996 before Judge Ashby, retired, of A.R.C. resulting in the reported settlement.


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