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CONFIDENTIAL

Mar. 13, 1999

Personal Injury
Auto v. Auto
Rear-End Collision

Confidential

Settlement –  $63,250

Court

L.A. Superior Burbank


Attorneys

Plaintiff

Robert J. Russo


Defendant

Kennett M. Patrick


Experts

Plaintiff

Brian K. Padveen
(medical)

Facts

On June 9, 1994, the plaintiff, a 40-year-old sound editor, was rear ended by defendant. The plaintiff contended that he suffered $10,000 in car rental bills because he couldn't drive a stick shift car any longer due to the ankle injury, thus had to finally buy an automatic vehicle, when he realized that it would be a long time before he could drive a stick shift. The plaintiff continued to rent a car receiving the property damage check for several months. The defendant contended that the medical bills were too high and that the car rental was exorbitant and should not be allowed. The defendant also contended that the plaintiff only suffered soft tissue injuries and that loss of earnings were exaggerated. The plaintiff brought this action against the defendant based on negligence.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $100,000. The defendant made a C.C.P. º998 offer of compromise for $30,000.

Specials in Evidence

$17,000 $70,000

Damages

The plaintiff contended that he suffered one year in lost income of approximately $100,000, and that pain and suffering was worth $50,000.

Other Information

The settlement was reached approximately four years after the case was filed. An arbitration was held before Dennis J. Marconi, resulting in $17,673. The plaintiff requested a trial de novo. The matter was settled three days before trial at the crash settlement conference for an amount in between the plaintiff demands and the defendant's initial offer to settle.


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