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CONFIDENTIAL

Mar. 1, 2005

Personal Injury
Auto v. Auto
Uninsured Motorist

Confidential

Settlement –  $300,000

Court

Case Not Filed


Attorneys

Plaintiff

Brent Stephen Merritt
(Law Office of Brent S. Merritt)


Defendant

Paul H. Lussman III


Experts

Plaintiff

Lawrence J. Richman J.D.
(medical)

Jacob E. Tauber M.D.
(medical)

Defendant

Richard C. Rosenberg M.D.
(medical)

Facts

On Jan. 24, 2003, the claimant, Robert Fisher, a 43-year-old writer, was the driver of a 1995 Chevrolet Blazer. The third party driver, Rosemary Sorensen, was driving a 2000 Honda Civic. Sorensen made an illegal turn on Topanga Canyon, approaching Mulholland and caused her vehicle to collide with the claimant's vehicle.

Settlement Discussions

On Sep. 8, 2003, the claimant settled with Sorensen's insurance with GEICO for $30,000 policy limits. On Dec. 11, 2003, the claimant sent his demand to USAA Insurance Company to settle for the claimant's uninsured policy limits of $300,000 (less $30,000 third party settlement) for a total settlement of $270,000. The matter settled on Aug. 31, 2004 for the claimant's policy limits, eight months after the claimant demanded arbitration.

Specials in Evidence

$51,753

Injuries

The claimant suffered left cubital tunnel syndrome, ulnar entrapment neuropathy, rotator cuff tear, left shoulder, internal derangement, right knee, annular fissure, L4-5 cervical strain with disc herniation, C-7 right inguinal hernia. The claimant underwent surgery consisting of left cubital tunnel decompression with neurolysis of ulnar nerve, medical epicondylectomy and plastic closure.


#86831

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