Confidential
Settlement – $110,000Judge
Court
Kern Superior
Attorneys
Plaintiff
Defendant
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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