Confidential
Settlement – $1,900,000Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Michael R. Nebenzahl
(Burke, Williams & Sorensen LLP)
Facts
On Sept. 21, 1997, traffic signal lights at a busy intersection had frozen green for Florence Avenue and red for cross-street Salt Lake Avenue for an undetermined time. A motorist on Salt Lake who grew impatient waiting for the red light to change chanced a crossing of Florence against the red. The 47-year-old plaintiff mother and her two teenaged daughters entered the intersection on Florence on a green light. The motorist who ran the red light struck the plaintiffs' car, causing it to spin and flip, coming to rest on its side. The plaintiffs brought this action against the driver who ran the red light, and against the defendant city for a dangerous condition of public property. The plaintiffs entered into a good faith settlement with the driver for policy limits.
Settlement Discussions
The plaintiffs' initial demand was $2.7 million. The city's initial offer was $750,000 at a settlement conference before the Hon. Robert C. Simpson. The case was settled before the trial began.
Specials in Evidence
$370,000
Damages
$4.9 million (mother's future life care for life); $500,000 (mother's future wage loss); $200,000 (mother's future medical); $1 million (husband and wife's future psychotherapy)
Injuries
The plaintiff suffered multiple head and facial fractures causing brain trauma, total blindness in her right eye and near total blindness in her left eye and total dependency on others for life care. She remained in a coma for two months, was hospitalized for seven months, underwent several surgeries and suffered from permanent and substantial cognitive loss. The teenaged daughters were treated for minor cuts and soft tissue injuries. All plaintiffs continues to receive psychotherapy.
Other Information
Plaintiff dismissed defendant signal maintenance company. City dismissed same party cross-defendant without prejudice to file separate action for breach of contract and indemnity.
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