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CONFIDENTIAL

Mar. 9, 2002

Personal Injury (Vehicular)
Auto v. Motorcycle
Negligence

Confidential

Settlement –  $400,000

Judge

Linda B. Quinn

Court

San Diego Superior


Attorneys

Plaintiff

Vincent J. Bartolotta Jr.
(Thorsnes Bartolotta McGuire LLP)

Catherine A. Richardson
(Office of the San Diego City Attorney)


Defendant

William S. Donnell


Experts

Plaintiff

Rick Maurice
(medical)

Richard D. Jones
(Jones Mayer) (technical)

Weston S. Pringle
(technical)

Stephen A. Blewett
(technical)

Calvin A. Colarusso
(medical)

Roberta J. Spoon
(technical)

Defendant

David A. Casteel
(technical)

Kenneth C. Berner
(technical)

Facts

This action for personal injury arose as a result of a collision involving a motorcycle and an automobile which
occurred on July 25, 1999. The plaintiff, Paul Araujo was riding his motorcycle south on Interstate 5 and exited
at the Coronado Street off-ramp. He stopped at the red light. When it tuned green, he proceeded south on
Hollister St. The defendant was traveling north on Hollister Street. The defendant stopped in the left turn
pocket at the intersection of Flower St. and Hollister, but then suddenly turned left into the plaintiffÆs
motorcycle.

The defendant claimed that his view of the plaintiff was obstructed by a city owned/maintained sign at the
median.
The co-defendant City of San Diego claimed that the other driver (the co-defendant
Edwards) was solely at fault.

Settlement Discussions

Defendant Edwards settled early for policy limits of $100,000. The demand was $2.5 million. The City offered $300,000 pursuant to C.C.P. Section 998. It was accepted by the plaintiff.

Specials in Evidence

$73,000

Injuries

The plaintiff lost his left leg, just below the knee, as a result of the accident.

Other Information

The City paid $300,000. Defendant Edwards tendered his policy limits of $100,000.


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