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CONFIDENTIAL

May 21, 1994

Personal Injury (Vehicular)
Dangerous Condition
Public Roadway

Confidential

Settlement –  $5,000,000

Judge

William P. Hyde

Court

San Bernardino Superior


Attorneys

Plaintiff

Lee G. Lipscomb

Michael T. Whitaker


Defendant

Nannette B. Souhrada


Experts

Plaintiff

Jan Roughan R.N.
(medical)

Edmund R. Cababa
(technical)

James D. Pasino
(medical)

Sanford Schneider
(medical)

Joyce Brink
(medical)

Saul Bernstein
(medical)

Andrea Morrison
(medical)

Alan Naham
(technical)

Harry J. Krueper Jr.
(technical)

Facts

On June 24, 1992, Plaintiff, a 6-week-old child, was riding as a passenger with his mother in a vehicle driven by Cross-defendant. Approaching the intersection, Cross-defendant ran a stop sign and was struck by Defendant city's vehicle driven by Defendant city's employee, a 19-year-old police cadet. Defendant city employee was in the scope and course of his employment at the time of the incident and was allegedly exceeding the speed limit by 17-20 mph. The force of the impact forced Plaintiff minor child from his car seat. As a result, Plaintiff minor child struck his head and body on the car interior.

Settlement Discussions

Offers and demands were not disclosed.

Specials in Evidence

$300,000 $17,000,000 present value

Injuries

Catastrophic brain injuries.

Other Information

Defendant initially offered structure based upon costs of approximately $500,000. Later, Defendant offered structure based upon costs of $1,000,000. Defendant finally offered policy limits of $5,000,000. Cross-defendant contributed policy limits of $15,000.


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