Confidential
Settlement – $65,000Judge
Court
Maricopa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
John Marshall
(medical)
Facts
On April 17, 1996, the plaintiff, a 38-year-old laborer, was traveling northbound on 35th Avenue in Phoenix, when he had stopped for the light at Acoma. The defendant, who was driving at a high rate of speed in excess of the 40 mph speed limit failed to control the speed of his vehicle and slammed into the rear of the plaintiff's vehicle. The defendant was legally intoxicated at blood alcohol level of .177.
Settlement Discussions
The plaintiff made a settlement demand for $750,000. The defendant made a settlement offer of $45,000.
Specials in Evidence
$14,874.11 $30,000 $440,000 $ _______
Injuries
The plaintiff had soft tissue injuries to his neck and back which required physical therapy, post concussive syndrome and closed head injury required nerve block trigger point injections.
Other Information
The settlement was reached approximately one year and three months after the case was filed. The plaintiff and defendant agreed to a binding high/low ($45,000/$100,000) arbitration. The settlement was reached before arbitration.
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