Confidential
Settlement – $89,000Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
John A. Furutani
(Law Offices of John A. Furutani)
Facts
On Dec. 2, 1996, the defendant took his eyes off road northbound on 57 freeway in the No.1 lane at approximately 60- 65 mph, and could not apply brakes in time to avoid traffic stopped ahead. As a result, he rear- ended the plaintiffs' van at high speed, causing a 6-vehicle "chain reaction" pile-up. The plaintiffs' van was totaled, the plaintiffs were taken to the hospital by ambulance. The plaintiff mother required a 4-day stay in the hospital. The defendants cross-complained for indemnity regarding property damage. The plaintiffs brought this action against the defendant driver and his employer based on negligence.
Settlement Discussions
The plaintiffs made a settlement demand for $97,000. The defendant made an offer of $89,000.
Specials in Evidence
$21,408 (plaintiff mother); $6,348 (plaintiff father); $704 (7-year-old plaintiff); $85 (1-year-old plaintiff)
Injuries
Plaintiff mother suffered lost consciousness at scene, sustained multiple contusions, suffered acute fracture of right first rib and non-displaced fracture of left transverse process at L3. She also suffered neck, back, shoulder and wrist soft tissue injuries. Plaintiff father suffered soft tissue injuries to neck, lower back, right index finger, right knee and both legs. The 7-year-old plaintiff suffered soft tissue injury to leg and shoulder. The 1-year-old plaintiff has no appreciable physical injury, but suffered nightmares and insisted on sleeping with parents ever since accident.
Other Information
The settlement was reached approximately one year after the case was filed. A settlement was reached the day before the arbitration was to be held before James F. Grier of Judicate West.
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