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CONFIDENTIAL

Apr. 27, 2004

Personal Injury
Auto v. Motorcycle
Rear-End Collision

Confidential

Settlement –  $1,000,000

Judge

Lisa Hart Cole

Court

L.A. Superior Beverly Hills


Attorneys

Plaintiff

Steven B. Effres
(Effres & Associates)


Defendant

Stephen H. Smith
(Yoka & Smith LLP)

James M. Bambrick

Christopher E. Faenza
(Yoka & Smith LLP)


Facts

The plaintiff was a 36-year-old production biller who was riding his motorcycle on the northbound 405 freeway in the no. 2 lane on Jan. 8, 2002. Defendant Seneres, in the course and scope of his employment with defendant Alcatel, was in the no. 1 lane. The defendant Seneres rear-ended the vehicle in front of him and then turned his vehicle into the no. 2 lane in front of the plaintiff's motorcycle. This resulted in the plaintiff not having time to avoid the incident and crashing into the rear of the Seneres vehicle.

Settlement Discussions

The case settled when defendant Seneres paid his $100,000 policy limit and his employer, Alcatel, paid an additional $900,000 at the mediation.

Specials in Evidence

$153,900 $23,600 $5,000 to $10,000 $45,000 to $55,000

Injuries

The plaintiff sustained multiple tibia fractures to his left leg and developed compartment syndrome, which resulted in a fasciotomy to his left leg and a full-thickness skin graft with the donor site coming from the left thigh. The plaintiff has undergone seven surgeries on his left leg, which is now approximately one inch shorter than his other leg.


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