Confidential
Settlement – $960,000Facts
On Jan. 21, 1998, the plaintiff No. 1, a 52-year-old citrus worker, was standing on the sidewalk in front of his residence. The defendant, who was driving a tractor-trailer rig, drove onto the sidewalk striking and dragging plaintiff. The driver of the truck was under the influence of methamphetamine at the time of the collision. Plaintiff No. 1's wife observed the impact. The plaintiff's brought this action based on negligence, infliction of emotional distress, loss of consortium, and exemplary damages.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $________. The defendant a C.C.P. º998 offer for $_____________.
Specials in Evidence
$51,480.61 (for plaintiff No. 1), $1033.40 (for plaintiff No. 2) $11,960
Injuries
Plaintiff No. 1 claimed a closed reduction for a left fibular fracture, open reduction internal fixation of the right fibula with plate and screws, and initial surgery for intramedullary rodding of the right tibia, psychological trauma, soft tissue injuries to the neck and back. He also underwent a second surgery for a non union of the right tibia, consisting of the right illiac crest bone graft and posterior lateral bone graft into the right tibial non union site. Plaintiff No. 2 claimed psychological trauma. Both plaintiffs sustained loss of consortium.
Other Information
The settlement was reached approximately four months after the case was filed. A 4- hour mediation was held before Commissioner Greer Stroud, of JAMS/Endispute which resulted in the reported settlement.
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