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CONFIDENTIAL

Dec. 19, 1998

Torts
Intentional Infliction of Emotional Distress
Fraud

Confidential

Settlement –  $200,000

Judge

Tully H. Seymour

Court

Orange Superior


Attorneys

Plaintiff

Scott E. Schutzman
(Law Office of Scott E. Schutzman)

C. Alexei Brenot
(Law Offices of Sam X.J. Wu APC)


Defendant

James S. Van Dam


Experts

Plaintiff

Donald Sawyer
(technical)

L. Scott Frazier
(medical)

Facts

The plaintiffs in this case alleged that defendant mortuary utilized unlicensed embalmers in the embalming of 39 decedents. The plaintiffs further alleged that licensed embalmer "Jon" name was signed "John" on the Death Certificate but Jon did not do the embalming. The plaintiff contended that defendant was able to save money using unlicensed embalmers. The plaintiffs brought this action against the defendant based on fraud and intentional and negligent infliction of emotional distress theories.

Settlement Discussions

The plaintiffs made a settlement demand for $499,000. The defendant made an offer of $70,000.

Injuries

The plaintiffs alleged emotional distress.

Other Information

The settlement was reached approximately three years and seven months after the case was filed. This case settled while waiting to be sent out for trial.


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