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CONFIDENTIAL

Apr. 12, 2005

Personal Injury
Auto v. Pedestrian
Negligence

Confidential

Settlement –  $500,000

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Gerald E. Agnew Jr.
(Agnew & Brusavich)


Defendant

Mark R. Weiner
(Mark R. Weiner & Associates)


Facts

On Nov. 5, 2002, the plaintiff was taking her morning walk. As she approached the intersection of a private drive and roadway, the defendant's vehicle stopped and then proceeded while the plaintiff was crossing, knocking the plaintiff down. The defendant's vehicle ran over the right leg of the plaintiff. The plaintiff complained of pain and suffering and diminished earnings and earning capacity as a real estate sales professional. The defendant disputed the nature and the extent of the plaintiff's injuries and damages and contended that the plaintiff had a successful recovery and did not suffer a loss of earnings capacity. The defendant argued that the loss of earnings was speculative and that the plaintiff was overtreated.

Settlement Discussions

The case settled at $500,000 after negotiations before retired Judge Russell Bostrum.

Specials in Evidence

$38,000 (mostly in respect of physical therapy)

Injuries

Soft tissue injuries to neck, lower back and soft tissue crush injury to right leg and knee, repaired arthroscopically.


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