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CONFIDENTIAL

Mar. 6, 1999

Insurance
Bad Faith
Automobile Accident

Confidential

Settlement –  $237,500

Judge

Ricardo A. Torres

Court

L.A. Superior Central


Attorneys

Plaintiff

Douglas D. Shaffer
(Dordick Law Corporation)


Defendant

John E. McOsker

Julia H. Azrael
(Nemecek & Cole)


Facts

On June 30, 1994, the plaintiff was parked when she was rear-ended. She was driving an automobile which had been previously totaled, but which had been rebuilt. The driver that struck her vehicle fled the scene of the accident. The plaintiff submitted a claim to her insurance carrier for her property damage and personal injuries on an uninsured motorist claim. The defendant's maximum recovery for property damage was $3,500. The plaintiff initially reported an incorrect license number on the vehicle that fled the scene, and there was a discrepancy in her statements as to how many people were in her vehicle. The plaintiff and the passengers in her vehicle all sought chiropractic treatment form the same physician. The case uninsured motorist claim eventually settled for $3500 property damage, and approximately $9,000 for her personal injuries. The plaintiff brought this action against the defendant based on negligence.

Settlement Discussions

Numerous demands and offers were exchanged prior to the case settling for $237,500 in mediation before the Hon. Dion Morrow.

Injuries

The plaintiff suffered emotional distress relating to loss of use of vehicle and funds.

Other Information

The settlement was reached approximately eight months after the case was filed. A mediation was held on Jan. 11, 1999, before Judge Dion Morrow of ARC resulting in a settlement amount of $237,500.


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