Confidential
Settlement – $525,000Facts
On April 29, 1995, decedent, an 81-year old retiree, was struck and killed by a delivery truck owned by the defendant, that was on early morning rounds. The decedent was in an unmarked crosswalk, and the glare from the rising sun prevented the driver from seeing her. The plaintiffs, the decedent's six adult children, brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $1.1 million. Defendant claimed plaintiffs' demand totaled $2,585.100. The defendant made a statutory offers of compromise totaling $255,000 shortly before trial, up from $125,000 offered at private mediation.
Injuries
The wrongful death of the plaintiffs' mother.
Other Information
The settlement was reached approximately one year and three months after the case was filed. On the day before trial, trial judge Hon. Consuelo Marshall, referred the case for further discussion to Magistrate Judge Nakazato, (Orange County). Per plaintiffs, Judge Nakazato conducted a two-day mediation with great skill and patience resulting in settlement.
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