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CONFIDENTIAL

Jun. 21, 1997

Personal Injury
Solo Vehicle Accident
Passenger

Confidential

Settlement –  $100,000

Judge

Dennis S. Choate

Court

Orange Superior


Attorneys

Plaintiff

Michael A. Gould
(The Gould Law Firm)


Defendant

K. Robert Gonter Jr.
(Gates, Gonter, Guy, Proudfoot & Muench LLP)


Facts

On Nov. 30, 1996, the plaintiff, a fast food worker, was a passenger in her boyfriend's pick-up truck, when her boyfriend, the defendant, fell asleep at the wheel. The truck rolled and the plaintiff was ejected. The plaintiff was not wearing a seat belt. The plaintiff's boyfriend was not injured in the crash. The plaintiff brought this action against her boyfriend based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $100,000 (policy limits). The defendant made a settlement offer for $50,000.

Specials in Evidence

$18,000 $__________ $__________ $__________

Injuries

The plaintiff claimed she suffered a fractured vertebra at L4-5, and a lacerated wrist.

Other Information

The settlement was reached approximately three months after the case was filed.


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