Confidential
Settlement – $6,500Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Facts
On January 27, 1997, the female plaintiff, a 43-year-old part time school employee, was driving her vehicle at the intersection of Hanson Lane and Ashley Road with her son, the male-plaintiff, a 16-year-old student, as her passenger. The defendant, making a left turn in front of plaintiff collided with the plaintiff at the intersection head-on which was at the crest of a hill making visibility very difficult for approaching vehicles coming from the opposite direction. The plaintiffs brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
According to the defendant, the plaintiff demanded contribution from defendant personally in the amount of $10,000 (which was recommended by the judge at the settlement conference). The defendant agreed to contribute $5,000 under a payment plan pursuant to a stipulated judgment to accepted and then reneged on the agreement. The defendant in turn filed for bankruptcy and the matter was reinstated on the trial calendar. The plaintiff then accepted that original $15,000, policy limits offer without any contribution from the defendant.
Specials in Evidence
$23,000 (female-plaintiff); $2,000 (male-plaintiff) $ _____ (female plaintiff) $ _____ (female-plaintiff); $ ______ (male-plaintiff) $2,000 - $3,000 (female-plaintiff)
Injuries
The female plaintiff suffered injury to her foot, requiring three surgeries. The male plaintiff suffered injuries to the cervical thoracic spine and head. He suffered from headaches; neck pain with stiffness; supper back pain; muscle tension; difficulty sleeping; bruised sternum and rib pain.
Other Information
The settlement were reached approximately one year and one month after the case was filed.
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