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CONFIDENTIAL

Jan. 1, 1999

Personal Injury (Vehicular)
Automobile Accident
Wrongful Death

Confidential

Settlement –  $850,000

Judge

Karl W. Jaeger

Court

L.A. Superior Pomona


Attorneys

Plaintiff

John Q. Adams


Defendant

James W. McDanel

Timothy J. Lippert
(Demler, Armstrong & Rowland)


Facts

On June 11, 1997, defendant driver, while driving a Chevrolet Astrovan owned by defendant rent-a-car company of Los Angeles, caused a single vehicle accident in northern Kern County. The plaintiff's wife, a 39-year-old working business owner, was a backseat passenger in the vehicle who was killed in the accident. Two other backseat passengers were also killed, while the front seat passenger sustained severe head injuries. The plaintiff filed suit against the driver and vehicle owner for wrongful death. The injured passenger and the heirs of the other two decedents filed a separate action against the same defendants. All actions were consolidated.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $1.1 million.

Damages

The plaintiff's special damages alone for the death of his wife were estimated at over $900,000. There was only $1.3 million in insurance coverage for all personal injury and wrongful death claims from this accident.

Injuries

Death of a wife.

Other Information

The settlement was reached approximately 10 months after the case was filed. The personal injury case of the injured passenger and the wrongful death case of the heirs of the other two decedents were also settled at the voluntary settlement conference for unreported amounts. A voluntary settlement conference held on Nov. 5, 1998, before Karl Jaeger, resulted in the reported settlement.


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