Confidential
Settlement – $25,000Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Jennifer L. Russell
(Ford, Walker, Haggerty & Behar LLP)
Defendant
Jennifer L. Russell
(Ford, Walker, Haggerty & Behar LLP)
Facts
On Feb. 19, 2002, at approximately 7:50 a.m., the plaintiff, while driving a Honda Accord, was stopped in the No. 1 lane, waiting to make a left turn, when he was rear-ended by the defendant who was driving a GMC Sierra pick-up truck. The plaintiff sustained injuries and was transported to the emergency room by paramedics. The defendant admitted liability but claimed that the plaintiff did not have his left signal turned on when he was stopped to make the left turn and that his injuries were not as serious as he had alleged and that his loss of earnings was overstated. The plaintiff contended that his injury to lumbar spine was caused by the accident and has not yet resolved. Although epidural injections were recommended, the plaintiff did not have health insurance and could not afford them.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $25,000 (policy limits). The case was settled for this amount.
Specials in Evidence
$7,737 $18,000
Injuries
The plaintiff's injuries included whiplash, sprain of the cervical and lumbar spine and knee contusions. While his soft tissue injuries were resolved, he continued to have lower back radiating pain into his buttocks. Lumbar spine MRI findings included increased curvature and an L4-5 bulge with left nerve root canal stenosis. An EMG test was positive.
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