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CONFIDENTIAL

Feb. 9, 2002

Personal Injury (Vehicular)
Auto v. Auto
Negligence

Confidential

Settlement –  $965,000

Court

Ventura Superior


Attorneys

Plaintiff

Howard Blau
(Law Offices of Howard Blau APC)


Defendant

Timothy D. Hirschberg


Experts

Plaintiff

John F. Kerkoff
(technical)

Steven J. Nagelberg M.D.
(medical)

William Starr
(medical)

Arthur Peters
(medical)

James E. Herman
(medical)

Facts

The plaintiff was the right front seat passenger in a Toyota pick-up truck driven by her friend. On
June 26, 2000, the plaintiff was driving north in the No. 1 lane on Pacific Coast Hwy. The
defendant vehicle was to the right of the plaintiff, traveling in the No. 2 northbound lane and at
about the same speed, 55 m.p.h. The defendant vehicle drifted out of its lane striking the
plaintiffÆs vehicle at the right rear wheel which caused it to rotate clockwise and roll over near
Magu Rock.

Settlement Discussions

The plaintiff made a $15,000 policy limits demand against the driver of the car in which she was a passenger. This was paid. Thereafter, the plaintiff made a joint policy limits demand with her driver against the defendant. This demand was met in the sum of $950,000 as to this plaintiff.

Damages

The plaintiff suffered a fracture at C3, a fractured right femur, residual abrasions to her left arm and right leg, and moderate hearing loss to her right ear.


#90437

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