Confidential
Settlement – $1,200,000Court
Alameda Superior
Attorneys
Plaintiff
Steven B. Effres
(Effres & Associates)
Defendant
Michael L. Armitage
(Waters, Kraus & Paul)
Facts
On July 13, 1998, plaintiff, age 43, was a passenger in VW Fox being driven by his father westbound on Pinole Valley Road on Interstate 80. Plaintiff was injured and his father was killed when defendant driver A, in the course and scope of his employment with defendant scrap company, crashed into the rear of plaintiffÆs vehicle, ôsandwichingö it between defendant scrap companyÆs truck and the tractor-trailer that was in front of plaintiffÆs vehicle.
The tractor-trailer was owned by defendant transport company that was driven by defendant driver B, who was in the course and scope of his employment. The responding California Highway Patrol officers deduced that the brake lights on the tractor trailer driven by driver B were not functional prior to the time of the accident. Driver B claimed that he stopped on the freeway in order to avoid collision with another vehicle in front of him that had come to an unexpected stop.
Specials in Evidence
$316,544
Injuries
Wrongful death of a 69-year-old father. Loss of care, comfort, society, love and affection. The plaintiff suffered fractured ribs, right heel fracture, flail chest, fractured femur liver hematoma, lumbar sprain and fractured hip and pelvis. The plaintiff required multiple surgeries involving open reduction and internal fixation of left femur and a tracheostomy. The plaintiff was hospitalized for approximately four weeks. The plaintiff was left with right ankle and left hip pain.
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