Confidential
Settlement – $800,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Thomas Ledder
(technical)
Michael P. Weinstein M.D.
(medical)
Defendant
Bruce M. Albert M.D.
(medical)
Kenneth A. Solomon
(technical)
Facts
On Aug. 6, 1999, the three plaintiffs were in their Chevy Suburban outside Elko, Nevada heading to Sun Valley when the right rear wheel sheared off, resulting in the vehicle overturning at 65 mph The defendant had rotated all four tires two days earlier and failed to properly torque the lug nuts. The wheel was found two days later, intact, 1,000 yards from the accident site. The plaintiffs contended that the defendant is liable for negligent maintence of a vehicle.
Settlement Discussions
No offers were tendered prior to the voluntary settlement conference. The plaintiffs made a demand for the defendant's insurancer policy limit of $1 million.
Specials in Evidence
$70,000 (mother); $7,000 (father); $2,500 (son) $60,000 (mother); $1,000 (father) $50,000 (mother); $5,000 to $15,000 (father) $5,000 (mother); $2,000 (father); $2,000 (son)
Damages
The plaintiff mother has a 15 percent loss of range of motion. The plaintiff father, who is a tennis instructor, lost one week of work and has residual soreness in his right shoulder. The plaintiff father and son suffered from emotional distress.
Injuries
The plaintiff mother sustained a C5-6 subluxation fracture requiring posterior illiac crest fusion. The plaintiff father sustained traumatic bursitis in the right shoulder. The plaintiff son sustained cheek lacerations and 10 stitches.
Other Information
<A>An arbitration was held before Troy Roe, of Judicate West, resulting in the reported settlement.</A>
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