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CONFIDENTIAL

Jan. 28, 1995

Personal Injury (Vehicular)
Truck Accident
Motorcycle Collision

Confidential

Settlement –  $250,000

Judge

James F. King

Court

Mendocino Superior


Attorneys

Plaintiff

Patrick G. Vastano

Lauri L. Brenner
(Brenner Law)


Defendant

John J. Ruprecht


Experts

Plaintiff

John McKibbon
(technical)

Phillip H. Allman III, Ph.D.
(technical)

Lawrence Adler
(medical)

Sandra Schneider
(technical)

William M. Jones
(technical)

Defendant

Gregory W. Sells
(technical)

David W.T. Brown
(Huskinson, Brown & Heidenreich LLP) (technical)

R. Emmitt Jones
(technical)

William Numeyer
(medical)

Larry Piatt
(technical)

Facts

Plaintiffs husband and wife were driver and passenger respectively, riding on a motorcycle. They were proceeding northbound on North State Street in Ukiah. Defendant truck driver was ahead of Plaintiffs, also proceeding north. Plaintiff husband was a 52-year-old truck driver, and Plaintiff wife was a 47-year-old waitress and homemaker, at the time of the incident.

Settlement Discussions

Plaintiffs contend their last settlement demand just prior to the trial date was $275,000 and Defendant's offer was $225,000. Defendant contends that Plaintiff's demand was for the policy limits of $1,000,000; reduced to $750,000; then to $500,000.

Specials in Evidence

$21,357 (husband/driver) $3,653 (wife/passenger) $486,000 (husband/driver) $40,000 (husband/driver)

Injuries

Husband/driver: bilateral wrist fractures requiring open reductions internal fixations. Wife/passenger: soft tissue neck and back requiring physical therapy.


#86359

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