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CONFIDENTIAL

Jan. 14, 2006

Personal Injury
Auto v. Auto
Rear-End Collision

Confidential

Settlement –  $100,000

Judge

Ronald M. Sohigian

Court

L.A. Superior Central


Attorneys

Plaintiff

Brian S. Nelson
(Law Offices of Brian Nelson)


Defendant

Barry Bartholomew

Gina M. Weihert


Facts

Plaintiff is Mercedes Perez, a 51-year-old homemaker. She was driving an SUV on I-5 in Los Angeles with her daughters, plaintiffs Sheila and Pamela, when she was rear-ended three times by another SUV driven by defendant Richard Keil. The defendant fled the scene. He was later arrested for driving under the influence of alcohol. The plaintiffs sued the defendant and his wife, Linda, co-owner of the vehicle, for negligence and vicarious liability. The defendants did not contest liability.

Specials in Evidence

$12, 468 (Mercedes); $26,093 (Sheila); $8,268 (Pamela) All three plaintiffs sought $15,000 for future medical expenses

Damages

The plaintiffs sought $1.3 million in punitive damages.

Injuries

Plaintiff Mercedes suffered a concussion and back and neck injuries. She also claimed to be suffering from leg pain and headaches. She was treated with epidural injections and her prognosis included the possibility that pain stemming from her injuries may surface at any time. Plaintiff Sheila suffered neck and back injuries, a bruised abdomen and left shoulder strain, and claimed to be suffering from headaches. Plaintiff Pamela, who suffered from cerebral palsy and Moyamoya Disease prior to the collision, lost consciousness during the accident. She suffered neck and back injuries and strained her left knee. She also claimed to be suffering from headaches. Moreover, her injuries in the collision worsened the severity of her pre-existing conditions. All three plaintiffs sought $205,000 for pain and suffering.

Result

The parties agreed to settle for $100,000, the limits of the policy.


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