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CONFIDENTIAL

Dec. 12, 1998

Personal Injury
Auto v. Trailer
Right Turn Collision

Confidential

Settlement –  $100,000

Court

San Bernardino Superior


Attorneys

Plaintiff

Emile M. Mullick


Defendant

Andrew Kerry Stack
(Thomas Lucas)


Facts

On April 29, 1996, plaintiff, a 50-year-old mechanic, was driving a minivan in the curb lane approaching an intersection. A double trailer truck owned by defendant trucking company was proceeding in the same direction in the lane to the left of plaintiff's vehicle. The truck made a right turn at the intersection and the right side of his rear trailer struck the plaintiff's vehicle forcing it into the curb. The plaintiff was thrown forward and his face struck the steering wheel. The plaintiff brought this action against the defendant based on negligence.

Settlement Discussions

Settlement discussions were not disclosed.

Specials in Evidence

$10,000 $30,000 $5,000

Injuries

The plaintiff claimed he suffered nerve damage to the right side of his face with resulting impairment of right eye blinking and tear functions. The plaintiff received medical treatment consisting of heat and massage therapy to restore right side facial functions. Future treatments may include eye drops, contact lenses, and surgery to correct a loss of eye tear function.

Other Information

The settlement was reached approximately one year and nine months after the case was filed. The defendant's insurance carrier was declared bankrupt during the course of the litigation. Plaintiff recovered $15,000 by uninsured motorist coverage from his own carrier, and CIGA paid an additional $85,000 to settle the claim.


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