Confidential
Settlement – $5,000,000Judge
Court
Imperial Superior
Attorneys
Plaintiff
Elia J. Castranova
(Law Office of Elia James Castranova)
R. Browne Greene
(Greene, Broillet & Wheeler, LLP)
Defendant
Experts
Plaintiff
Edward Jeon
(medical)
Roy Shultz
(technical)
Richard H. Andolsen
(technical)
J. Thomas Williams
(medical)
H. Ronald Fisk M.D., Ph.D.
(medical)
Defendant
Doreen Casuto RN, MRA, CRRN, CCM
(medical)
Facts
On December 11, 1990, an intersectional collision occurred in El Centro. At the time of the accident, Defendant's semi-truck driven by Defendant's employee in the course and scope of his employment, ran a stop sign at a T-intersection and collided with the Plaintiffs' vehicle. This settlement involved a Plaintiff mother/passenger and her daughter/passenger who were not wearing seat belts. (Three deaths also resulted from this collision; those cases are still pending.) Defendants driver and employer admitted liability. Plaintiff driver/mother was 33 years of age and her daughter was 6 months of age at the time. Plaintiff mother/passenger and her husband were owner/operators of a clothing business.
Settlement Discussions
Plaintiffs contend their initial demand, excluding the 3 death cases, was $7,000,000 and Defendants' first offer was $2,500,000 for all of the cases, including the 3 wrongful death cases.
Specials in Evidence
$108,500 mother/wife/passenger; $14,000 child/passenger; $7,000 husband/father (not in the vehicle) $49,100 $438,200 mother/wife/passenger $1,000,000 mother/wife/passenger
Injuries
Plaintiff mother/wife/passenger: closed head trauma resulting in brain damage with cognitive dysfunction, including short-term memory and concentration impairments; severe depression; it is disputed whether this Plaintiff will requiring life-long attendant care. Plaintiff passenger/child: fractured right femur requiring open reduction internal fixation. Plaintiff husband/father claimed loss of consortium injuries.
Other Information
The wrongful death cases (3) are set for trial February 8, 1994.
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