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CONFIDENTIAL

Feb. 4, 1995

Personal Injury (Vehicular)
Truck Accident
Head-On Collision

Confidential

Settlement –  $110,000

Judge

Stephen P. Gildner

Court

Kern Superior


Attorneys

Plaintiff

George Aaron

Richard E. Schwartz


Defendant

John R. Denvir


Facts

On December 26, 1992, Plaintiffs were driver and passenger in a big-rig truck. Plaintiff driver was a 37-year-old truck driver and Plaintiff passenger was his 10-year-old son. A tractor/trailer owned by Defendant company, crossed over the center line of S.R.14, an undivided 2-lane highway in Kern County. Defendant's vehicle struck the Plaintiffs' truck in a head-on collision; Defendant's driver died as a result of this collision.

Settlement Discussions

Plaintiffs contend they accepted Defendant's 998 offers of $100,000 to Plaintiff driver and $10,000 to Plaintiff passenger. Defendant contends Plaintiffs' demand were $270,000 as to Plaintiff driver and $40,000 as to Plaintiff passenger.

Specials in Evidence

$10,285 (father/driver, only) not claimed $5,000 (father/driver, only)

Injuries

Plaintiff driver: Torn medial meniscus of the left knee requiring arthroscopic surgery; soft tissue neck, and back requiring physical therapy; unspecified left wrist injury causing pain and requiring future surgery; emotional distress requiring psychotherapy with residual unresolved psychological problems. Plaintiff son claimed emotional distress injuries which did not receive treatment.


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