Confidential
Settlement – $200,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Michael R. Rhames
(Law Offices of Michael R. Rhames PC)
Defendant
Experts
Plaintiff
Warren G. Kramer III
(medical)
Defendant
Raphael Nach
(medical)
Michael W. Abdalla
(medical)
Facts
On Jan. 13, 1997, the plaintiffs, were heading northbound on Alton Parkway in Irvine. They came to a stop at a red light facing northbound when the defendant, traveling southbound on Alton Parkway, ran the red light and collided with a second vehicle. The defendant's vehicle then collided with the plaintiff's vehicle sideswipe. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiffs made a C.C.P. º998 offer to compromise in the sum of $100,000 as to the first plaintiff and a C.C.P. º998 offer to compromise in the sum of $65,000 as to the second plaintiff, which was increased to $100,000 when treating physician indicated that shoulder surgery was necessary. The defendant accepted the first plaintiff's C.C.P. º998 offer for $100,000 and made a C.C.P. º998 offer to compromise for $60,000 to the second plaintiff. After additional discovery, the defendant paid the second plaintiff $100,000.
Specials in Evidence
$16,000 (first plaintiff); $13,000 (second plaintiff) $7,500 (second plaintiff)
Damages
The first plaintiff was just starting a new business which had not yet made a profit. This business collapsed when he was unable to climb or lift things over his head. The second plaintiff was a graphic artist and suffered minimal loss of earnings.
Injuries
The first plaintiff suffered a blow to the left side of his head when he struck the doorjamb at the moment of impact. He also suffered injuries to his thumbs, which were jammed into the steering wheel. In addition, he suffered from post-injury vertigo, dizziness and frontal lobe pain over the right eye. The second plaintiff suffered a twisted neck and injuries to her left shoulder when she reached out to brace herself. Her treating orthopedic physician indicated that she would require surgery to resolve the shoulder problem but was not sure when the surgery would be necessary.
Other Information
The settlement was reached approximately 11 months after the case was filed.
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