Confidential
Settlement – $95,001Court
Orange Superior
Attorneys
Plaintiff
Michael R. Rhames
(Law Offices of Michael R. Rhames PC)
Defendant
Elizabeth L. Kolar
(Kolar & Associates Inc.)
Experts
Plaintiff
Edwin C. Amos M.D.
(medical)
Carol A. Jackson
(medical)
Warren G. Kramer III
(medical)
Facts
The case involves a two-vehicle automobile accident occurring June 4, 1999 in the City of Irvine. The plaintiff
was driving his 1994 Jeep Cherokee and was making a left turn with a green signal. The defendant was the
registered owner of a 1999 Toyota Land Cruiser which was being driven, with its consent, by its general
manager, the co-defendant. The co-defendant driver admitted entering the intersection against a red signal. The
accident occurred in the early morning hours.
The co-defendant driver had spent several hours at the end of the working day at two bars. Both defendants
denied that the co-defendant driver was in the course and scope of his employment at the time of the collision.
The plaintiffÆs vehicle was initially struck on the right rear by the defendant ownerÆs vehicle. The co-defendant
driverÆs speed caused his vehicle to continue forward and impact the plaintiffÆs Jeep at the right front. The
force of the two impacts propelled the plaintiffÆs Jeep into a left turning car, where it impacted, and bounced
over the raised concrete center divider, across the opposing lanes of traffic, where it came to rest in the shoulder
area of the opposing lanes.
The co-defendant driver was arrested at the scene for driving under the influence of alcohol. His blood alcohol
level was measured at 0.8 percent when tested by a breathalyzer a few hours after the accident.
The co-defendant driver denied being under the influence of alcohol at the time of the
accident, but pleaded no contest to that charge when prosecuted for DUI.
Settlement Discussions
The plaintiff accepted defendant vehicle ownerÆs C.C.P. Section 998 offer of $15,001.
Injuries
The plaintiffÆs seat-belted body was thrown about, and impacted the inside of the vehicle when struck by the defendantÆs vehicle. Then, when the wheels of the plaintiffÆs Jeep struck the center divider, the vehicle bounced forcefully into the air crashing the plaintiffÆs body and head against the door pillar, roof and interior portion of the vehicle. The plaintiff suffered head trauma, chest pain, headaches, ringing in the ears, dizziness, nausea, imbalance, jaw pain, a crackling sound in the jaw sockets, eye pain, neck pain, shoulder pain, pain in his back, hip and buttock pain, groin pain, leg, ankle and foot pain, wrist and thumb pain.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390