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    • CONFIDENTIAL

    Apr. 26, 2005
    Verdicts and settlements
    Sign up for Daily Journal emails
    Personal Injury
    Auto v. Auto
    Dangerous Condition of Public Property

    Confidential

    Settlement –  $5,000,000

    Court

    Sacramento Superior


    Attorneys

    Plaintiff

    W. Barton Weitzenberg

    Andrew C. Schwartz
    (Casper, Meadows, Schwartz & Cook)

    Robert J. Sheppard

    Michael D. Green
    (Abbey, Weitzenberg, Warren & Emery PC)

    Peter Alfert
    (Alfert Law)


    Defendant

    Douglas L. Johnson
    (Johnson & Johnson LLP)


    Experts

    Plaintiff

    John W. James
    (technical)

    Joseph P. Sobel
    (technical)

    Robert M. Szabo
    (medical)

    Edward W. Knowlton
    (medical)

    John L. Habberstad
    (technical)

    Lynn E. Ponton
    (medical)

    Alan E. Brooker
    (medical)

    David F. Grimes
    (technical)

    Barry Ben-Zion Ph.D.
    (technical)

    Harry J. Krueper Jr.
    (technical)

    Robert Blackburn
    (technical)

    Jarrod W. Carter
    (technical)

    Carol R. Hyland M.A.
    (technical)

    Defendant

    Robert Lindskog
    (technical)

    Joan Gerbasi
    (medical)

    Michael A. Mayda
    (technical)

    Steven D. Koobatian Ph.D.
    (technical)

    Richard J. Nelson
    (Sideman & Bancroft LLP) (technical)

    Herbert A. Moskowitz
    (medical)

    Richard F. Ryan
    (technical)

    Elizabeth Carter
    (technical)

    Wilfrid A. Nixon
    (technical)

    Robert A. Allen
    (medical)

    Dale T. Broeck
    (technical)

    Ronald Nelson
    (technical)

    John P. Cranston III
    (medical)

    Facts

    The subject suit results from a two car accident that occurred on Dec. 16, 2000 at approximately 9:15 a.m. on U.S. Highway 50 in El Dorado County, 352 feet west of milepost 39.50 or 1760 feet west of Ice House Road. Lindsey Frazier, Stephanie Frazier and Seth Mitchell were passengers in a 1993 Honda Civic owned and operated by Michael Davis, heading in an easterly direction on Highway 50 when it collided with a 1992 Toyota van driven by the plaintiff Tea Sik Kim. The Kim vehicle hit a patch of black ice causing Tea Sik Kim to lose control of his vehicle and cross over the highway onto the eastbound lanes. Jum Jo Kim, his wife and two of his three daughters, Soon Ok Kim and Susan Kim were his passengers. Stephanie Frazier and Jum Jo Kim were killed. The other plaintiffs suffered serious personal injuries. The accident occurred on a cold day. Black ice had formed on the roadway causing Kim's vehicle to suddenly and unexpectedly cross the center line, crashing head-on with the Davis' vehicle.

    Settlement Discussions

    The Kims' vehicle was insured through Farmers Insurance Company and Farmers paid their policy limits early in the litigation. The case was settled after two days of mediation with retired Judge Richard Dossee. The Fraziers received $2 million; the Kims received $1.6 million; Seth Mitchell received $750,000 and Michael Davis received $750,000.

    Other Information

    The case was originally filed in Contra Costa County Superior Court. The venue was changed twice, first to El Dorado County and then to Sacramento County.


    #85584

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