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CONFIDENTIAL

May 16, 1998

Personal Injury
Auto v. Motorcycle
Lane Change Collision

Confidential

Settlement –  $46,000

Judge

J. William McLafferty

Mediator

Kevin T. McIvers

Court

Santa Barbara Superior


Attorneys

Plaintiff

Douglas J. Schiffer


Defendant

Jinx Grant

James Whiting


Experts

Plaintiff

Gary E. Brazina
(medical)

Defendant

Richard D. Scheinberg
(medical)

Facts

On Feb. 6, 1996, the plaintiff, a 22-year-old student, was riding his 1992 Yamaha motorcycle southbound on De La Vina Street in lane No. 2. The defendant, was traveling southbound on De La Vina Street in lane No. 1. As they approached the intersection of De La Vina Street and Figueroa, the defendant changed lanes without signaling, colliding with the plaintiff's motorcycle. The plaintiff brought this action against the defendant based on a negligence theory of recovery. The plaintiff contended the defendant was negligent in the operation of a motor vehicle for failing to use a turn signal and failing to pay attention. The defendant's contentions were not disclosed.

Settlement Discussions

The plaintiff made a settlement demand for $70,000. The defendant made an offer of $10,000

Damages

The plaintiff claimed medical expenses of $11,050.79.

Injuries

The plaintiff claimed he suffered anterior cruciate separation resulting in a Mumford procedure; bruises; and lumbo sacral strain.

Other Information

The settlement was reached approximately one year and two months after the case was filed. MEDIATION: A four-hour mediation was held on March 12, 1998, before Kevin Thomas McIvers of Judicate West, resulting in the reported settlement.


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