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CONFIDENTIAL

Oct. 14, 2003

Personal Injury
Auto v. Auto
Head-On Collision

Confidential

Settlement –  $75,000

Court

San Mateo Superior


Attorneys

Plaintiff

Donald L. Galine


Defendant

Harold Joseph Gingerich


Facts

The case results from a series of accidents that took place on Dec. 4, 2001. The defendant was driving her 2001 Chevy Tahoe the wrong way on Interstate 80 when she drove head-on into the car of plaintiff Amanda Hencmann, 24. The plaintiff sued the defendant for negligence and included a claim for punitive damages, based upon her allegation that the defendant was under the influence of alcohol and fled the scene of the accident. The incident involved seven vehicles over a two-mile stretch, in one of which the defendant sideswiped a San Mateo Sheriff's patrol car. The defendant did not stop her vehicle until it swiped a Ford Expedition and could no longer operate due to major front-end damage. The force from the impact resulted in the plaintiff's car rotating counter clockwise where it struck the concrete center divider. As a result of this incident, Bevilacqua was charged with three counts of felony driving under the influence with injury; three counts of driving with greater than .08 BAC with injury; two counts of hit and run driving with injury; and one count of felony child endangerment. She pled guilty to one count of felony driving under the influence with injury and one count of felony child endangerment.

Settlement Discussions

The case settled for $75,000.

Specials in Evidence

in excess of $4,000

Injuries

The plaintiff claimed right wrist pain and post-traumatic stress syndrome.

Other Information

The case was settled before John S. Krug. The plaintiff filed a trial de novo.


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