Confidential
Settlement – $385,000Court
Sonoma Superior
Attorneys
Plaintiff
David F. Beach
(Perry, Johnson, Anderson, Miller & Moskowitz LLP)
Defendant
Experts
Plaintiff
Barry Ben-Zion Ph.D.
(technical)
William I. Sterett
(medical)
Carol R. Hyland M.A.
(technical)
Defendant
Peter B. Salamon
(medical)
Facts
On March 17, 2000, at approximately 2:27 p.m., 92-year-old Jack Silva (now deceased) was seated in his vehicle, a 1986 Buick Skylark, in the parking lot adjacent to a school in Santa Rosa. Silva was talking with another individual and indicated that he was going to reposition his vehicle. He put his car into reverse and pressed fully down on the gas pedal, causing his vehicle to accelerate backwards at a high rate of speed. Silva's vehicle sideswiped another car in the lot and then jumped the curb. All that separated the vehicles in the parking lot from the playground was a chain-link fence. Silva's vehicle hit this fence full force, bending it down to the ground. The plaintiff, a 9-year-old student at the school, was sitting on a picnic bench, with his back to the parking lot. He was knocked off the bench when the fence fell toward him and he was taken by ambulance to the hospital. The defendant Silva's insurance carrier settled for policy limits of $100,000. On July 8, 2002, a $900,000 policy limits demand was made to Allied Insurance Company, pursuant to the Underinsured Motorist policy.
Result
The first phase of the case, the Silva settlement of $100,000, was approved by the court on Sep. 5, 2001. This phase of the settlement was structured. Lengthy negotiations commenced, facilitated by the mediator, and resulted in a settlement of the Underinsured Motorist claim for $285,000. The second phase of the settlement was also structured. The combined value of the two structured settlements will reach $463,246 by the time the minor receives the final payout at age 35.
Other Information
The arbitrator was Kenneth D. Gack of JAMS.
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