This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Dec. 17, 2002

Personal Injury
Auto v. Auto
Passenger

Confidential

Settlement –  $72,500

Judge

Richard G. Cline

Thomas P. Nugent

Court

San Diego Superior


Attorneys

Plaintiff

John F. McGuire Jr.

James T. Atkins


Defendant

Douglas H. Barker

Darren Landie

Kennett L. Patrick
(Winet, Patrick, Gayer, Creighton & Hanes)

Lori Krupa

Christopher W. Olmsted
(Ogletree, Deakins, Nash, Smoak & Stewart)


Experts

Plaintiff

William E. Bowman Jr.
(medical)

Stephen A. Blewett
(technical)

Defendant

Raymond M. Vance M.D.
(medical)

Facts

The plaintiff, a 35-year-old female, was a passenger in the defendant JÆs car. The plaintiff
alleged that the defendant J and defendant A began to race along Faraday Avenue in Carlsbad
and that the defendants reached speeds of approximately 70 mph in the 40 mph zone. The
defendantsÆ cars collided, they lost control and crashed in a rollover collision off road. The
defendants were charged with engaging in a speed contest (California Vehicle Code section
23109).

Settlement Discussions

Defendant J (insurance carrier) $45,000; defendant J (personally), $7,500; defendant A (insurance carrier), $20,000.

Specials in Evidence

$7,000 $36,000 None

Damages

The plaintiffÆs wife submitted a claim for loss of consortium.

Injuries

The plaintiff suffered soft-tissue injuries. She claimed damages including medical expenses for chiropractic treatment and lost wages as well as emotional distress.


#80939

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390