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CONFIDENTIAL

Feb. 27, 1999

Personal Injury
Auto v. Auto
Failure to Yield

Confidential

Settlement –  $30,000

Judge

Victor E. Bianchini

Court

San Diego Superior


Attorneys

Plaintiff

Keith J. Stone


Defendant

Darin J. Boles


Facts

On April 2, 1997, the plaintiff, a 64-year-old retired navy chief, was making a left turn from northbound Black Mountain Road onto Gemini Avenue after stopping at the intersection, which was controlled by a temporary stop signs (city workers were at the intersection working on the traffic lights). The defendant was traveling southbound on Black Mountain Road, failed to stop, and collided with the plaintiff's vehicle in the intersection. The vehicles sustained major damage and the plaintiff's car was totaled. The defendant admitted that she did not notice the stop signs and that she tried to stop but could not. The plaintiff brought this action against the defendant based on negligence.

Settlement Discussions

The plaintiff made a settlement demand for $75,000.

Injuries

The plaintiff claimed he suffered a knee abrasion and neck and back pain at the scene. The plaintiff was diagnosed with a soft tissue injury at the hospital and given medication. The plaintiff followed-up with a soft tissue specialist. The plaintiff was diagnosed with cervical and dorsolumbar spraining injury, moderately severe. Physical therapy was recommended; the plaintiff attended 24 sessions. The plaintiff then went to an orthopedic specialist who continued the therapy and took a MRI. The plaintiff went to a pain specialist who instituted a series of epidural steroid shots.


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