Confidential
Settlement – $550,000Mediator
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Andrew C. Bryman
(Bryman & Apelian)
Defendant
Experts
Plaintiff
David W. Brandes
(medical)
Lawrence V. Majovski
(medical)
Thomas J. Hopkins
(medical)
Jeffrey E. Galpin M.D.
(medical)
Defendant
Alvin E. Brooker
(medical)
Keith E. Liberman M.D.
(medical)
H. Ronald Fisk M.D., Ph.D.
(medical)
Facts
On Oct. 23, 1994, the plaintiff, a 43-year-old, was injured at defendant's car wash. He was standing outside of his GMC Suburban reaching in, when the vehicle in front of him operated by defendant's employee, struck the front of his vehicle in reverse. The plaintiff was knocked to the ground and alleged a traumatic brain injury and neck injuries. One year after the incident, the plaintiff underwent a cervical laminectomy at C6-7. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
Prior counsel for the plaintiff made an offer to compromise pursuant to C.C.P. º998 in the sum of $275,000 (revoked) and followed it with an offer to compromise in the sum of $350,000.
Specials in Evidence
$73,000 approximately $45,000 approximately $150,000 approximately $100,000
Damages
The plaintiff claimed past medical bills of $73,000 and future medical bills of approximately $100,000. He also claimed lost earnings of approximately $45,000 and future loss or earnings of approximately $150,000.
Injuries
The plaintiff alleged traumatic brain injury and neck injuries.
Other Information
The settlement was reached approximately two years and six months after the case was filed. The plaintiff's counsel reported that he was brought into this case approximately three weeks before trial. MEDIATION: A mediation was held on March 25, 1998, before Vigo Boserup, resulting in the reported settlement.
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