Confidential
Settlement – $4,000,000Judge
Court
Fresno Superior
Attorneys
Plaintiff
Richard C. Watters
(Miles, Sears & Eanni)
Defendant
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.
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