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CONFIDENTIAL

Dec. 4, 1999

Personal Injury (Vehicular)
Auto v. Auto
Rear-End Collision

Confidential

Settlement –  $1,200,000

Judge

Lillian K. Sing

Court

San Francisco Superior


Attorneys

Plaintiff

William L. Veen

James G. Butler Jr.


Defendant

Grace M. Madonia


Experts

Plaintiff

Baijnath Saw
(medical)

Robert A. Blau
(medical)

Moses Taghioff
(medical)

Defendant

Norman Panting
(medical)

George E. Becker
(medical)

Facts

The plaintiff was an employee of a courier service and was stopped for a red light while in a Toyota pick-up truck. The plaintiff was in the intersection preparing to make a left turn. The defendant was driving a 26,000-pound delivery truck and crashed into the rear of plaintiff's vehicle in the intersection. The impact pushed plaintiff's vehicle across the two lanes of oncoming traffic and came to rest against the curb on the opposite side of the intersection.

Injuries

The plaintiff suffered injury to neck (three level interior cervical diskectomy with interbody fusion at C3-4, C5-6, and C6-7. Also, a cervical plating system at C5-6 and C6-7).

Other Information

At a settlement conference, the plaintiff demanded the policy limits of $1 million. The defendant rejected the demand. Later, the defendant disclosed there was an excess policy about which it was previously ignorant. Following the second day of trial, the defendant settled for $1.2 million.


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