Confidential
Settlement – $60,000Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Peter J. Gates
(Gates, Gonter,Guy, Proudfoot & Muench LLP)
Experts
Plaintiff
Gregory J. Barnett
(technical)
Dan Chueh
(medical)
Defendant
Thomas D. Murtaugh
(technical)
Facts
On Nov. 21, 1997, defendant A asked her friend, defendant B, to drive her as a passenger in her own car. From the moment the defendant B started driving, she lost control, and accelerated instead of braking. Some 80 yards later and at a speed estimated at over 25 mph, the vehicle left the road and crashed into the garage and master bedroom of plaintiffÆs home.
The incident fractured a gas main, which set the car and the house on fire. The defendants escaped. The plaintiffs were not home but returned to witness the fire.
Settlement Discussions
Prior to trial date, the demand was $75,000 for plaintiffs and the offer was $60,000 to include all liens and subrogation claims. At the time of trial, the case was settled after lien claimants and subrogation claimants became directly involved in the settlement process so that all claims were eventually released for a total payment of $110,000 with $60,000 going to plaintiff for property damage and emotional distress and $50,000 going to insurance for liens and subrogation rights.
Other Information
The case went to trial on negligence and intentional tort theories. Thus, the settlement included an emotional distress element.
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