Confidential
Settlement – $387,500Judge
Court
Orange Superior
Attorneys
Plaintiff
Mitchell L. Leverett
(Sims, Lawrence & Broghammer)
Defendant
Experts
Plaintiff
Fred H. Cady
(technical)
Facts
In the early afternoon of Dec. 30, 1997, the plaintiffs' decedent was changing a flat tire on the shoulder of the 605 Freeway just south of the Katella Avenue offramp in the city of Orange. While he was working to remove the lug nuts from the left rear wheel, the defendant driver, an employee of the defendant government entity, was driving his employer's pick-up truck in the lane closest to the shoulder. As he approached the decedent, the defendant driver took his eyes off the road to reach for his two-way radio microphone so he could call the defendant employer. As he did so, the defendant driver crossed the bold white line separating his lane from the shoulder, heading directly for the decedent. The defendant driver swerved to the left, in an attempt to avoid striking the decedent, but to no avail. The pick-up truck struck the decedent at full speed, critically injuring him. The decedent was transported to a Long Beach hospital and died four hours later. The plaintiffs, the decedent's two minor daughters, brought this action against the defendant driver and his employer based on negligence, respondeat superior and loss of consortium theories of recovery.
Settlement Discussions
The plaintiffs made an initial settlement demand for $____________. The defendants made an initial settlement offer of $____________________.
Specials in Evidence
$___________
Injuries
The plaintiffs, the decedent's two minor daughters, suffered the loss of their 44-year-old father.
Other Information
The settlement was reached approximately one year after the case was filed. The decedent was divorced over ten years ago from the plaintiffs' mother. The plaintiffs lived with their mother.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390