Confidential
Settlement – $100,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Josh D. Gruenberg
(Gruenberg Law)
Defendant
Experts
Plaintiff
Steven H. Horowitz
(medical)
Defendant
William R. Haight
(technical)
Mark Allen Gomez
(technical)
Henry J. Kahrs A.B.V.
(technical)
William L. Lukavsky
(medical)
Facts
On Nov. 11, 1995, the plaintiff, a 25-year-old soccer coach, was rear-ended at the intersection of Moraga and Balboa while stopped at a red light. The plaintiff was diagnosed with soft tissue strains. Several months later, an MRI was taken which indicated a bulged disc. According to defendant, an MRI was taken one month later which indicated a frank herniated disc. The plaintiff underwent surgery which yielded good results. Per the defendant, the plaintiff remained off work for 1+ years. The plaintiff was uninsured at the time of the accident and subject to Proposition 213. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $300,000. The defendant made no offer.
Specials in Evidence
$34,000 $20,000 (per plaintiff); $40,000 (per defendant) None (per plaintiff); $300,000 (per defendant) none
Injuries
The plaintiff claimed he suffered a herniated disc as a result of the accident.
Other Information
The settlement was reached approximately one year after the case was filed according to plaintiffs. Defendant reports it was two years. Per plaintiff, during pre-trial settlement, the judge stated that plaintiff would be permitted to put on his general damages case but the general damages would be stayed until the constitutionality of Proposition 213 is resolved.
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