Confidential
Settlement – $14,500Judge
Court
San Diego Superior
Attorneys
Plaintiff
John E. Petze
(McDougal, Boehmer, Foley, Lyon, Mitchell & Erickson)
Defendant
Facts
On Aug. 13, 1996, the plaintiff, an 18-year-old sales representative, was stopped at an intersection in his vehicle. Just north of the intersection are trolley tracks. The traffic is controlled by a signal at the intersection. When the trolley approaches the intersection, an additional red arrow is supposed to illuminate, warning and prohibiting drivers from turning right. The plaintiff made a right turn. When he turned, he collided with the trolley. His vehicle was damaged in the amount of $5,846.25. and the trolley was damaged in the amount of $15,032.85. The plaintiff filed a complaint based on negligence, and the defendant filed a cross-complaint for indemnification, apportionment of fault, declaratory relief, and negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $30,000. The defendant made a C.C.P. º998 of offer of compromise for $ ________.
Specials in Evidence
$5790.65 $200
Injuries
The plaintiff suffered from headaches and stiffness in his neck and back. He had reduced active ranges of motion with pain and multiple tender trigger points. Cervical and thoracic spine x-rays revealed structural straightening. Lumbar spine x-ray revealed structural changes with facet joint subluxation at L5. He has continuing headaches, neck pain, mid and low back pain, and muscle spasms. He also has trouble sleeping, fatigue and depression. He has reached his maximum medical improvement.
Other Information
The settlement was reached approximately one year after the case was filed. A settlement conference was held on Aug. 25, 1998, before Hon. Victor E. Bianchini, of San Diego Superior Court, resulting in the reported settlement. Per the defendant, the amount paid to plaintiff was reduced to reflect amounts attributed to the trolley's damages.
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