Confidential
Settlement – $32,000Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Facts
On Feb. 2, 1997, defendant driver No. 1, was traveling eastbound on Highway 126 in the city of Fillmore, approaching the intersection with "C" Street and lost control of his vehicle and trailer as it entered the intersection. Defendant driver No. 1 allegedly attempted to avoid colliding with defendant driver No. 2's vehicle, which was positioned westbound in the intersection, waiting to or already in the process of making a left turn onto southbound "C" Street. Defendant driver No. 1's vehicle swerved to the right as he lost control, hopped the southeast curb of the intersection, and collided into a 65-foot tree situated on the premises of St. Francis Church. The impacted tree was caused to fall, striking plaintiffs, who were just about to enter the church for Sunday mass. The plaintiffs brought this action against the defendants based on negligence.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $_____________ . The defendants made a C.C.P. º998 offer of compromise for $_________________ .
Specials in Evidence
$8,000 for adult plaintiff; $300 for minor plaintiff. $800 $_____________ $_____________
Injuries
The plaintiff minor suffered minor injuries which did not require medical treatment beyond an emergency room examination and one precautionary follow-up visit to her primary physician. The plaintiff mother sustained a mild concussion and lacerations and bruises to her left shoulder and right leg, requiring emergency treatment and physiotherapy. The plaintiff's head injury necessitated a neurological examination and follow-up care.
Other Information
The settlement was reached approximately one year after the case was filed. A non-binding court-ordered arbitration held by Paul A. Kopf of Nelson & Griffin, resulted in a $22,000 award to plaintiffs ($20,000 to adult plaintiff, $2,000 to minor plaintiff). The plaintiffs requested a trial de novo.
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