Confidential
Settlement – $32,500Mediator
Court
Case Not Filed
Attorneys
Plaintiff
James C. Mitchell
(Gilleon Law Firm APC)
Defendant
Facts
On Nov. 29, 1996, plaintiff, a 10-year-old boy, was riding in the rear passenger-side seat of a Ford minivan traveling south on Rancho Santa Fe Road in Carlsbad. The defendant driver was driving a Chrysler Concorde in the opposite direction. He veered into the opposite travel lane and hit the minivan, head-on at approximately 30 to 35 mph. The defendant driver and his insurance carrier admitted liability. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $51,000. The defendant made an offer of $25,000.
Specials in Evidence
$2,200 $3,400
Injuries
The plaintiff claimed that he suffered a deep laceration to his face, bruises, a slight concussion and residual scarring on his face - the most significant scar being a 2-3 centimeter, slightly angular scar located between the eyes on the brow of his forehead.
Other Information
The settlement was reached approximately one year after settlement negotiations began. MEDIATION: A two-hour mediation was held before Kevin Midlam, of JAMS/Endispute, resulting in the reported settlement.
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