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Personal Injury
Auto v. Auto
Illegal Turn/Head-On Collision/Hit and Run

Emma Pacilli v. Phillip Foster Bobb, et al.

Published: Oct. 27, 2007 | Result Date: Sep. 27, 2007 | Filing Date: Jan. 1, 1900 |

Case number: SC093334 Settlement –  $100,000

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Joseph S. Helman
(Klass Helman & Ross)


Defendant

Daniel Bornstein


Experts

Plaintiff

Sanjay Khurana
(medical)

Facts

On March 9, 2006, at 11 p.m., plaintiff Emma Pacilli, a 27-year-old film and television writer and producer was stopped on Neilson Way facing northbound at its intersection with Hill Street in Santa Monica. The defendant, southbound on Neilson Way crossed the double yellow lines striking the plaintiff head-on and then fled the scene. Both vehicles were totaled.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant was in violation of Vehicle Code Sections 22107 (illegal turning movement) and 20002(a) (felony hit and run).

Settlement Discussions

The defendant initially offered $4,900.00 to settle this claim. After submitting additional specials and estimate for surgery, the case settled for defendant's policy limits of $100,000.

Specials in Evidence

$15,000; $90,000;

Injuries

The plaintiff sustained a right paracentral disk herniation at L5-S1 and central and right paracentral focal disk protrusion at L4-L5. The plaintiff underwent three epidural injections and was a surgical candidate for a right L5-S1 microdiscectomy.

Result

Case settled for $100,000 policy limits prior to mediation.

Other Information

FILING DATE: March 27, 2007. INSURANCE CARRIER FOR DEFENDANT: Farmers Insurance.


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