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CONFIDENTIAL

Nov. 21, 1998

Personal Injury
Product Liability
Wrongful Death

Confidential

Settlement –  $1,500,000

Judge

C. Robert Simpson

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Mark E. Edwards

Clinton W. Holland


Defendant

Philip R. Cosgrove
(Nelson, Mullins, Riley & Scarborough LLP)

Michael R. Packer

John G. Tavetian


Experts

Plaintiff

Joyce Elaine Pickersgill
(technical)

Janice H. Lutz
(medical)

Judy E. Riley
(medical)

Defendant

Anthony C. Stein Ph.D.
(technical)

Allan Keith Miller
(technical)

Gerald Rosenbluth
(technical)

Facts

On Dec. 20, 1996, the plaintiff family was at defendant hotel in Downey when a bellboy left a van unattended while he retrieved personal property. The van backed up into the family, killing a 49-year-old mother and real estate agent and striking her 24-year-old daughter and her ex-husband. The plaintiff brought this action against the defendant based on negligence and emotional distress theories of recovery. The defendant hotel filed a cross-complaint against the van manufacturer for alleged product defect.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $2 million.

Specials in Evidence

$61,000

Damages

The plaintiff claimed $12,000 in damages for funeral expenses. The plaintiff claimed $150,000 - $250,000 for loss of support.

Injuries

Death of plaintiff's mother.

Other Information

The settlement was reached approximately one year and four months after the case was filed. A 6-hour mediation held before William Huss of IVAMS did not resolve the matter. Three settlement conferences were held before Judge Simpson resulting in the reported settlement.


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