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CONFIDENTIAL

Mar. 1, 1997

Personal Injury (Vehicular)
Auto v. Pedestrian
Crosswalk

Confidential

Settlement –  $500,000

Judge

Charles Woodmansee

Court

L.A. Superior Central


Attorneys

Plaintiff

Bruce J. Altshuler
(Altshuler & Spiro)


Defendant

Robert M. Kojima

G. Richard Ford


Facts

On May 6, 1996, the plaintiff husband, an 84-year-old retired carpenter, was crossing Fairfax Avenue with his plaintiff wife. The plaintiffs claimed they were crossing on a green light. As the plaintiffs were crossing, the plaintiff husband (but not his wife) was struck by a vehicle operated by the defendant as she was making a left turn. The plaintiff was struck so hard that he flew in the air, landed on top of the defendant's vehicle, and hit the ground head first causing severe injuries. The plaintiffs, the injured man and his wife, brought this action against the defendant based on negligence, loss of consortium and Dillion v. Legg theories of recovery.

Settlement Discussions

There were no settlement discussions before mediation.

Specials in Evidence

$225,000 (paid by insurance) $_____________ $_____________ approximately $40,000 annually for nursing care.

Injuries

The plaintiff husband alleged he suffered head injuries, a broken clavicle and tibia, requiring over two months hospitalization. The plaintiff husband suffered severe memory loss, requiring extensive nursing care.

Other Information

The settlement was reached approximately six months after the case was filed. A mediation was held before Judge Charles Woodmansee, retired, resulting in the reported settlement. The plaintiffs obtained an early trial date under C.C.P. º36.


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