This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Jan. 15, 2000

Personal Injury (Vehicular)
Auto v. Auto
Negligence

Confidential

Settlement –  $4,000,000

Judge

Eugene Krum

Court

Fresno Superior


Attorneys

Plaintiff

Paul E. Caprioglio

Richard C. Watters
(Miles, Sears & Eanni)


Defendant

Daniel P. Lyons


Experts

Plaintiff

Raymond G. Schultz
(technical)

Rick A. Sarkisian
(technical)

David M. Yoshida M.D.
(technical)

Susanne R. Hays
(medical)

Laura L. Liptai
(technical)

Defendant

Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)

William Kelly
(medical)

Alvin E. Brooker
(medical)

Pierre Dreyfus
(medical)

Wendy A. Mitchell
(Napoli Shkolnik PLLC) (medical)

Laura Fuchs Dolan
(technical)

Facts

On Aug. 12, 1994, the minor plaintiff was a passenger in a 1986 Plymouth Voyager being driven by Herrera. Herrera was traveling southbound on Marks Avenue in the County of Fresno when he slowed to make a left turn into a driveway. The defendant driver, who was in the course and scope of his employment with defendants, was driving a 1989 Chevrolet van. Defendant was also traveling southbound on Marks Avenue when he attempted to pass the Plymouth Voyager on the left while the Voyager was making its left hand turn. The collision ensued and there was a direct impact with a rear-seated location of the minor plaintiff who was six years old at the time. The defendants did not seriously contest liability.

Settlement Discussions

The plaintiff's opening demand was $11 million and the defendant's opening offer was $150,000.

Specials in Evidence

$55,489.78 in dispute in dispute

Injuries

As a direct result of this accident, the minor plaintiff suffered a severe traumatic brain injury as testified to by his treating pediatric neurologist, H. Terry Hutchinson, M.D., and all of the other doctors involved both on the plaintiff and defense side of the case. There was a dispute as to whether the minor plaintiff would be employable and would be able to live independently.


#88499

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390