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CONFIDENTIAL

Dec. 3, 2002

Personal Injury
Auto v. Truck
Broadside Collision

Confidential

Settlement –  $700,000

Judge

Neal A. Cabrinha

Court

Santa Clara Superior


Attorneys

Plaintiff

Gary L. Moorhead


Defendant

Vincent B. McLorg


Facts

The defendant driver pulled out from a stop sign and broadsided the plaintiffÆs UPS panel truck
at 5 mph behind the left front tire as the plaintiff was turning left at a "T" intersection. No
emergency treatment was required and the plaintiff, a 26-year-old UPS delivery driver, drove
back to work, noting a "pinching" sensation at the scene.

Settlement Discussions

The plaintiff submitted a demand of $1 million; the defendant offered $250,000. The case settled for $700,000 one week prior to trial.

Specials in Evidence

$68,000 $200,000 $200,000 $50,000

Injuries

An L4-5 disc tear, which became progressively worse despite extensive conservative therapies which ultimately lead to disc replacement surgery in March, 2002. The defendant argued that the impact caused only low back sprain, which resolved.


#80893

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