Confidential
Settlement – $1,500,000Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Philip R. Cosgrove
(Nelson, Mullins, Riley & Scarborough LLP)
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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