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CONFIDENTIAL

Oct. 25, 1997

Personal Injury (Vehicular)
Auto v. Pedestrian
Wrongful Death

Confidential

Settlement –  $1,050,000

Judge

Thomas Simonian

Court

Kings Superior


Attorneys

Plaintiff

Robert M. Dowd

Jeffrey L. Levinson


Defendant

Roger K. Stewart


Experts

Plaintiff

Vladimir Lieskovsky
(technical)

Robert B. Post Ph.D.
(technical)

David M. Yoshida M.D.
(technical)

Lowell Bradford
(technical)

Ted Vavoulis
(technical)

Defendant

Gerald D. Martin
(technical)

James E. Flynn
(technical)

Lawrence M. Elson
(technical)

Facts

On April 27, 1996, plaintiff a 65-year-old real estate broker, was a victim of a vehicle versus pedestrian collision. While mowing his lawn, he suffered a fatal head injury, the result of being struck by a farm implement known as a "ripper." The subject ripper was suspended on a tool carrier and was being towed by a pickup truck in front of plaintiff's residence. The ripper struck plaintiff while he was near the roadway. There was no eyewitness testimony. The plaintiffs, the decedent's wife and seven children, brought this action against the defendant based on a wrongful death theory of recovery.

Settlement Discussions

The plaintiffs made an initial demand at mediation of $1,950,000. The defendants made an initial offer of $200,000.

Specials in Evidence

$11,304 $34,500

Injuries

The death of a husband and father.

Other Information

The settlement was reached approximately 11 months after the case was filed. A mediation was held on Aug. 22, 1997 before Thomas Simonian. Settlement occurred two weeks after mediation. Plaintiffs report that Mediator Simonian did an excellent job articulating the strengths and weaknesses of this case.


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