Confidential
Settlement – $600,000Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
George M. Rosenberg
(ADR Services, Inc.)
Defendant
Scott J. Grossberg
(Grossberg & Hoehn)
Experts
Plaintiff
David C. Royer
(technical)
Robert J. Tomaszewski Ph.D.
(medical)
Edwin C. Amos M.D.
(medical)
Lester M. Zackler M.D.
(medical)
Defendant
Perry R. Secor
(medical)
Facts
On Oct. 6, 2001, the plaintiff Ron Ballew, 64, was riding his bicycle in the bike lane of San Dimas Avenue in the City of San Dimas, at which time the front wheel of his bicycle became lodged in a gap of a storm drain grate located in the bike lane. The plaintiff was thrown over the handle bars, striking his head and left shoulder on the pavement. The plaintiff was wearing his helmet at the time of the accident.
Settlement Discussions
The parties attended a mediation on Sep. 2, 2003 at which this case was resolved. The City of San Dimas paid $500,000 and the defendant Warren Siecke paid $100,000. No formal settlement demands or offers preceded the mediation.
Specials in Evidence
$35,156
Damages
Pain and Suffering.
Injuries
The plaintiff suffered a scaphoid fracture of the right wrist and a traction injury of the superior trunk of the left brachial plexus. The plaintiff also complained of closed head injuries and was diagnosed with having minor traumatic brain injury. The plaintiff was also diagnosed with having an underlying mood disorder due to the brain injury which was causing the plaintiff's subsequent depressive disorder. The defense disputed the nature and extent of plaintiff's injuries. The plaintiff was able to return to his occupation; however, he was able to perform at only 2/3 of his pre-injury capacity.
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