Confidential
Settlement – $1,030,000Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Joel Krissman
(Krissman & Silver LLP)
Defendant
Janine R. Fowler
(Caltrans/Legal Division- Dept of Transportation)
Experts
Plaintiff
Dennis R. Delahanty
(technical)
Defendant
David Roper
(technical)
Facts
On Aug. 5, 1990, the two plaintiffs, a 31-year-old driver and his 10-year-old passenger, were in their vehicle when they were struck head on by an underinsured defendant driver when his vehicle crossed a state freeway center median into oncoming lanes of opposing traffic. The defendant driver was killed in the accident and plaintiffs sustained severe injuries. The plaintiffs brought this action against the defendant transportation agency based on a dangerous condition of public property theory of recovery.
Settlement Discussions
Settlement discussions were not disclosed.
Specials in Evidence
$110,000 (driver); $87,244 (passenger) $200,000 (driver) disputed
Injuries
Plaintiff driver suffered a C-2 fracture requiring halo bracing and fusion and a right ankle compound fracture also requiring fixation and fusion surgeries. Plaintiff passenger sustained abdominal injuries including intestinal tears requiring surgery which left her with extensive abdominal scarring.
Other Information
The settlement was reached approximately ______ years and ______ months after the case was filed. A settlement conference/arbitration/mediation was held on _____/______/19______ before ________________ (name) of _________________ (affiliation or court) resulting in ___________________. Please describe any significant legal/procedural issues which help explain the outcome: _____________________.
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