Confidential
Settlement – $150,000Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Maurice S. Kane Jr.
(Borton Petrini, LLP)
Experts
Plaintiff
Robert Bennett
(technical)
Alexander Namikas
(medical)
Lane J. Lopez
(Ferguson Case Orr & Paterson LLP)
(medical)
Richard S. Sanders
(medical)
Harry J. Krueper Jr.
(technical)
Arthur Flynn
(medical)
Terrell Pannkuk
(medical)
Defendant
Michael A. Gould
(The Gould Law Firm)
(medical)
Gerald P. Bretting
(technical)
Y.M. Nahabedian
(technical)
Facts
On May 3, 1998, plaintiff, a 55-year-old attorney, was riding her bicycle eastbound on the Omar
Rains Ocean Bike Path, a "Class II" pathway designated for use by pedestrians, bicyclists and
occasionally motorized vehicles. The plaintiff was approached by a group of club bicycle riders
heading westbound. In order to avoid colliding with them, plaintiff moved to the right side of the
path, and then onto the shoulder of the path. PlaintiffÆs front tire went onto the shoulder and then
dropped into a small eroded ditch along the edge of the paved portion of the bike path, causing
plaintiff to fall into an embankment adjacent to the bike path. Piles of concrete debris, including
steel posts projecting from the concrete, lay in the embankment, concealed by vegetation.
PlaintiffÆs face struck a cylindrical concrete cone containing a metal fence post, all of which was
concealed by the vegetation.
Settlement Discussions
The plaintiff filed a C.C.P. Section 998 offer of $200,000, to which defendant failed to respond. The defendant offered $50,000 at the beginning of the mandatory settlement conference. By the end of the conference, defendant offered $150,000, and plaintiff demanded $175,000. The defendant then filed a C.C.P. Section 998 offer of $150,000, each party to bear its own fees and costs. The plaintiff accepted this offer one week before trial.
Specials in Evidence
$15,000 (approx) $24,000 to $29,000 (future endodontic and dental care and potentially and additional $8,000 for plastic surgery.
Injuries
Severe trauma to plaintiffÆs lips, teeth and gums. Both upper and lower lips were completely divided by deep lacerations, and most of the lip tissue was crushed and devitalized. Three teeth were destroyed or damaged requiring extensive dental surgery. Residual injury consisted of slight facial disfiguration, difficulty biting, tooth sensitivity, misaligned bite and loss of feeling in center of both lips.
Other Information
Of interest is the fact that Caltrans made a 998 offer to allow judgment to be entered against it rather than requesting a dismissal with releases.
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