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CONFIDENTIAL

May 23, 1998

Personal Injury
Automobile Accident
Negligence

Confidential

Settlement –  $140,000

Court

Sacramento Superior


Attorneys

Plaintiff

James M. Smolich


Defendant

Stephen A. Mason


Facts

On Oct. 24, 1995, the plaintiff, a 30-year-old customer service representative, was involved in an automobile accident with the defendant driver, employed by the defendant employer. The plaintiff brought this action against the defendants based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $42,500. The defendant made a C.C.P. º998 offer of compromise for $12,500.

Injuries

The plaintiff claimed right rotator cuff surgery and low back pain.

Other Information

The settlement was reached approximately one year and five months after the case was filed. The plaintiff settled at the mandatory settlement conference for $100,000. The plaintiff-in-intervention paid over $80,000 in worker's compensation benefits on behalf of the plaintiff. The plaintiff-in-intervention settled on the first day of trial, after the motions-in-limine were heard, for $40,000.

Length

one day


#80014

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