Confidential
Settlement – $534,000Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Eric F. Yuhl
(Yuhl Carr LLP)
Defendant
Experts
Plaintiff
Theodore Vavoulis
(technical)
Robert A. Gallway
(medical)
Robert Metz
(medical)
Sandi Burnett
(medical)
Hart C.M. Cohen
(medical)
Defendant
Deborah Criswell
(medical)
Martin D. Levine
(medical)
Jean Arnault
(technical)
Jeffrey A. Schaeffer Ph.D.
(medical)
Facts
On June 8, 1991, Plaintiff, a 35-year-old real estate transactional attorney, was northbound on the 405 Freeway in a 1988 BMW when a wheel came off an uninsured motorist's vehicle ahead of him, struck Plaintiff's vehicle, and caused him to lose control and strike the center divider. There was a secondary impact with another vehicle as Plaintiff rolled back into the lanes of travel. Plaintiff's vehicle was a total loss.
Settlement Discussions
Plaintiff contends that after 4 days of testimony, they made a $495,000 demand with an indication that the figure was negotiable; Defendant did not respond; prior to testimony, Defendant UM insurance carrier offered $75,000, non-negotiable. Defendant contends that Plaintiff did not submit any demand for settlement of the case until the third day of arbitration when Plaintiff attorney advised that he would "recommend" $495,000 to settle and that this figure was negotiable; Defendant further contends that they offered $75,000 prior to the commencement of the arbitration hearing.
Specials in Evidence
$16,000 $270,000 $335,000
Injuries
Closed head injury/concussion with resulting mild organic brain injury and cognitive impairment; soft tissue neck and back sprain and strain, temperomandibular joint dysfunction; and emotional distress associated with loss of occupational ability to function as a real estate transactional lawyer.
Length
7 days
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