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CONFIDENTIAL

Dec. 5, 1998


Personal Injury (Vehicular)
Truck v. Auto
Head-On Collision

Confidential

Settlement –  $400,000

Judge

Gerald K. Davis

Court

L.A. Superior Lancaster


Attorneys

Plaintiff

Dennis H. Boothe


Defendant

Belinda R. Mayes


Experts

Plaintiff

Myron Koch
(medical)

Facts

On June 11, 1997, plaintiff, a 26-year-old office administrator was driving a rented U-Haul truck northbound on Angeles Forest Highway when defendant, coming southbound came across the centerline and hit plaintiff head-on. Both vehicles were totaled. The defendant's speed was estimated at 50 mph and plaintiff at 30 mph on impact. The plaintiff brought this action against the defendant based on negligence.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $485,000. The defendant made a C.C.P. º998 offer of compromise for $300,000.

Specials in Evidence

$46,106 $15,000 $10,000

Injuries

The plaintiff claimed that he suffered a comminuted fracture of the right femur requiring open reduction and fixation, a fracture of the right patella requiring open reduction and a fractured calcaneus bone of right ankle.

Other Information

The settlement was reached approximately seven months after the case was filed. A 2-hour mediation was held on Oct. 5, 1998, before retired judge Gerald K. Davis, resulting in the above settlement.


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