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CONFIDENTIAL

May 17, 1997

Personal Injury (Vehicular)
Auto v. Pedestrian
Negligence

Confidential

Settlement –  $2,000,000

Judge

Ronald S. Prager

Court

San Diego Superior


Attorneys

Plaintiff

Andrew J. Edenbaum

John W. Dalton
(Law Offices John W. Dalton)

Jordan M. Cohen

Harvey R. Levine


Defendant

Bart J. Miesfeld

John F. Distal


Experts

Plaintiff

Raymond M. Deutsch
(medical)

Terry E. Tainter
(technical)

Erin D. Bigler
(technical)

David L. Braff
(medical)

Doreen Casuto RN, MRA, CRRN, CCM
(medical)

William DeBolt
(medical)

Ronald K. Takemoto
(medical)

Geoffrey M. Stiles
(medical)

Gary Ryno
(technical)

Bronwyn Lee
(medical)

Stan V. Smith
(technical)

Bruce D. Bock
(medical)

H. Harvey H. Cohen
(technical)

Defendant

Jonathan A. Schleimer M.D.
(medical)

Thomas L. Black
(technical)

Ernest Z. Klein
(technical)

Catherine Knebel
(medical)

Dean C. Delis Ph.D.
(medical)

Richard Walsh
(technical)

John L. Hosack
(Buchalter APC) (medical)

Cary P. Mack
(technical)

Sharon K. Kawai M.D.
(medical)

Allan M. Nahum
(medical)

Facts

On Sept. 7, 1995, the plaintiff, a 60-year-old woman, was walking from her apartment to her parked vehicle in the apartment's private parking lot. A Ford Ranger pick-up truck, driven by the defendant driver in reverse gear, struck the plaintiff, dragging her along the pavement and under the truck for some distance before coming to a stop. At the time of the accident, the defendant driver was driving within the course and scope of her employment with the defendant employer. The plaintiff brought this action against the driver, her employer and the apartment manager based on negligence and respondeat superior theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $2 million. The defendants made a settlement offer of $700,000.

Specials in Evidence

$437,000 $_________ (claimed)

Injuries

The plaintiff alleged she sustained severe brain injuries, rendering her comatose for four weeks, requiring three month's hospitalization and at least eight surgical procedures.

Other Information

The settlement was reached approximately 11 months after the case was filed. A mediation was held on Dec. 10, 1996 before Judge Lawrence Irving, retired. It did not resolve the matter.


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