Confidential
Settlement – $500,000Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Defendant
Jeffrey S. Behar
(Ford, Walker, Haggerty & Behar LLP)
Jeffrey S. Behar
(Ford, Walker, Haggerty & Behar LLP)
Experts
Plaintiff
Harry J. Krueper Jr.
(technical)
Peter R. Francis Ph.D.
(technical)
Peter R. Francis Ph.D.
(technical)
Richard A. Williams
(medical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Norman S. Namerow
(medical)
Peter Formuzis Ph.D.
(technical)
Harry J. Krueper Jr.
(technical)
Andrew Pullinger
(medical)
Richard A. Williams
(medical)
Andrew Pullinger
(medical)
Norman S. Namerow
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
Michael S. Varat
(technical)
George M. Brinton
(technical)
Melvin H. Nutig
(medical)
John F. Perry
(technical)
George M. Brinton
(technical)
Michael S. Varat
(technical)
John F. Perry
(technical)
Melvin H. Nutig
(medical)
Facts
On Sept. 20, 1995, plaintiff, a 36-year-old marketing manager for a medical device company, was driving her 1990 Lexus when she was struck by defendant, who failed to yield the right of way at a stop sign. The plaintiff had extensive prior accidents/cervical disc surgery including a 1983 rear-end accident resulting in 1985 C5-6 disc/anterior fusion; a 1987 rear-end accident resulting in 1988 C6-7 disc/anterior fusion; a 1989 rear-end accident resulting in symptomatology and treatment; and a 1990 slip and fall at work resulting in neck symptomatology and treatment and a neuroma of the left foot. By Sept. 20, 1995, she was working full-time for the medical device company making $70,000 per year as a marketing manager and was traveling extensively. In the accident, she hit her head on the side window, was taken to a hospital and was initially seen for several months with a diagnosis of soft tissue cervical strain. Within three months, she saw the same neurosurgeon who had operated upon her cervical spine in 1988, who worked her up. In March 1996, she was diagnosed with herniated C4-5 disc and did an anterior disc fusion. During the surgery, he discovered a sheared posterior lateral ligament which he testified was caused by a torsion movement of her head when it struck the left window at the time of the accident. The plaintiff continued to suffer from pain about the neck, limitation of motion, and intractable pain which required a pain specialist at UCLA. The plaintiff has been disabled from working since the accident and was seen by a vocational rehabilitation specialist who indicated that she would be able to return to work in the next year or two, but at a sedentary part-time position. The plaintiff brought this action against defendant based on a negligence theory of recovery.
Settlement Discussions
Defendant's first offer of $100,000 was increased before the settlement conference to $250,000. Plaintiff's demand for the $500,000 policy limit was increased to $750,000.
Specials in Evidence
$45,000 $175,000 $1 million (differential between part-time sedentary work and full-time during her lifetime)
Injuries
Plaintiff's injuries included a herniated C4-5 disc, a sheared posterior lateral ligament, neck pain and limitation of motion.
Other Information
The settlement was reached approximately one year and four months after the case was filed. SETTLEMENT CONFERENCE: A voluntary settlement conference was held on Aug. 4, 1997, before Judge Jack Tenner (Ret.) resulting in the reported settlement two weeks before trial.
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