Confidential
Settlement – $996,034Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gary T. Moran
(technical)
Neil Goldthwaite
(medical)
Carol R. Hyland M.A.
(technical)
Facts
On April 30, 1995, plaintiff, a 35-year-old unemployed delivery driver, was driving northbound on the 101 freeway near San Mateo when his car was struck from behind by defendant corporation's bobtail truck. The driver was driving at a high rate of speed by its intoxicated employee whose tested blood alcohol level was .19. On June 9, 1995, plaintiff was a passenger on a municipal streetcar when the propulsion logic switch of the streetcar tripped, putting the car into overspeed and causing it to abruptly reduce speed from approximately 27 mph to a dead stop. The plaintiff was thrown to the floor and allegedly sustained an aggravation of his cervical injury sustained in the April accident. A lawsuit was filed in San Mateo County for the first accident and a second lawsuit in San Francisco County for the streetcar accident. The plaintiff's motion to coordinate the two cases in San Francisco was granted. The plaintiff brought this action against defendants based on a negligence and dangerous condition of public property theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $1 million. The defendants made no offer.
Specials in Evidence
$76,000 $42,000 (plaintiff was unemployed but claimed he was unable to seek work) $100,000 (approx.)
Injuries
The plaintiff sustained herniated discs at all levels of his cervical spine. The plaintiff underwent an anterior interbody fusion and discectomy C5-6, C6-7 and C7-T1. Future surgery at the other C spine level is probable at some time in the future.
Other Information
The settlement was reached approximately two years and three months after the first case was filed. A mediation was held on Sept. 19, 1997, before Terry Spolter of AAA which resulted in a settlement six weeks later. Prior to settlement, defendant corporation's carrier had paid $1,034 for post surgery homecare. Its policy limits were $1 million. Defendant corporation paid an additional $995,000 at the time of settlement. The city agreed to pay $4,999, compensation for the approximate one month of aggravation caused by the streetcar accident.
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