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CONFIDENTIAL

Nov. 19, 1994

Personal Injury (Vehicular)
Automobile Accident
Underinsured Motorist

Confidential

Settlement –  $600,000

Court

Orange Superior


Attorneys

Plaintiff

Robert Grey Johnson Jr.


Experts

Plaintiff

Edward L. Garr
(medical)

Facts

On February 13, 1986, Plaintiff, then a 50-year-old loan processor and mother of 3 children, was driving her automobile in the City of Orange. A collision occurred when Plaintiff was struck by Defendant automobile. The force of the collision caused Plaintiff to be thrown into the steering column, resulting in severe leg and ankle injuries. Defendant driver had a policy with his carrier in the amount of $50,000. Plaintiff's insurance included a $100,000 uninsured motorist policy and a $1,000,000 umbrella policy. Defendant driver was cited for violation of California Vehicle Code Section 21803, failing to yield right of way to oncoming traffic and making an unsafe turn. Liability was admitted. Plaintiff sought additional coverage from her insurance carrier for both the uninsured motorist coverage and the umbrella policy.

Settlement Discussions

Plaintiff obtained the policy limits from the Defendant driver ($50,000) and $50,000 from her uninsured motorist policy and made a demand of $500,000 on March 7, 1994; the demand was ignored by Defendant carrier; the demand was reinstated in September of 1994 and paid on September 24, 1994.

Specials in Evidence

$45,000 $120,000

Injuries

Torn ligaments of the left foot and ankle requiring surgery (in November of 1987) to remove fluid and tighten the tendon sheath, a second surgery (in May of 1990) to correct the posterior tibial tendon and correct the fraying of the tendon and remove a part of the defective tendon, and the third surgery (February of 1992) to transplant a sheath from the plantar fascia to the foot in order to restore stability to the damaged ankle; residual limited range of motion.


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