Confidential
Settlement – $750,000Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
John E. Nordstrand
(technical)
Rocco Calderone M.D.
(medical)
Rudy G. Rodriguez
(technical)
Ju-Sung Wu
(medical)
Kenneth A. Solomon
(technical)
Defendant
Sandra Schneider
(technical)
David Pechman
(medical)
V. Paul Herbert C.P.S.A.
(technical)
Thomas A. Braun P.E.
(technical)
David J. King
(technical)
Ronald M. Shields
(technical)
David J. Weiner M.B.A., AM
(technical)
H. Ronald Fisk M.D., Ph.D.
(medical)
Facts
On July 2, 1998, the plaintiff, a 49-year-old heavy equipment mechanic, was traveling northbound on Rose
Avenue in Oxnard at approximately 55 mph approaching Central Avenue when the light turned green. When
the plaintiff was at the limit line, he saw a farm flat bed truck towing a pipe trailer loaded with 160 aluminum
pipes enter the intersection on a red light.
Plaintiff applied his brakes, but was unable to avoid the impact. Pipes pierced the passenger compartment,
severely injuring plaintiff.
Defendant A, the driver of the defendant flat bed truck, claimed that the traffic light was yellow from his
direction of travel when he entered the intersection at 15 mph.
Settlement Discussions
The plaintiff demanded $2,499,000. The defendant offered $300,000
Specials in Evidence
$80,000 $60,000
Injuries
Open fracture on left humerus requiring two surgeries with rod and plate, 5 mm lumbar disc, post concussion syndrome, 54 stitches in forehead and left rib fracture. The plaintiff was recently declared permanent and stationary by the worker's compensation appeals board qualified medical examiner. The QME report rated approximately 46 percent permanent disability.
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