Confidential
Settlement – $50,000Mediator
Court
L.A. Superior
Attorneys
Plaintiff
Defendant
Facts
On Jan. 3, 1993, the plaintiff, a 59-year-old passenger in a Toyota pick-up truck, was rear-ended by the defendant. It was a double impact collision and caused the plaintiff to strike his knee on the dashboard. The plaintiff brought this action against the defendant based on a negligence theory of recovery. The plaintiff contended that the defendant was negligent in the operation of his motor vehicle. The defendant contended the plaintiff's knee injury did not result from the minor impact, and that the plaintiff had pre-existing vehicle damage.
Settlement Discussions
The plaintiff made a settlement demand for $125,000. The defendant made an offer of $37,276.
Damages
The plaintiff claimed property damage of $2,647.41 and medical expenses of $17,221.98.
Injuries
The plaintiff alleged a torn meniscus and three disc bulges, constant right knee pain, back pains, and an inability to do his hobbies such as hunting or gardening.
Other Information
MEDIATION: A two-hour mediation was held before Justice Robert Devich, retired, of Judicate West, resulting in the reported settlement. ARBITRATION: A prior non-binding arbitration was held before Richard M. Ewaniszyk, Esq., resulting in a $75,462 award.
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