Confidential
Settlement – $100,000Facts
On Feb. 4, 2000, the plaintiff, a 22-year-old female, was traveling on Firestone Blvd. at its intersection with Orr
Day Road in Norwalk. The defendant ran a red light and broadsided the plaintiff who sustained injuries. The
defendant was driving a Ford Expedition that weighs approximately 5,000 pounds and demolished the
passenger door compartment of the plaintiffÆs Firebird.
The plaintiff contended that the sole and proximate cause of the accident was the defendant running a red light
and striking her car.
The defendant did not dispute liability but disputed the nature and extent of the plaintiffÆs
injuries and claimed the impact was substantial.
Settlement Discussions
The plaintiff originally demanded $250,000 prior to litigation, which was rejected. The defendantÆs insurance carrier offered the sum of $20,000. During litigation, discovery revealed that the defendant had a $100,000 liability policy in force and effect and there was no other liability policies covering this accident. The plaintiff then filed a C.C.P. Section 998 offer to compromise which was set to expire on Oct. 31, 2001. The defendants requested an extension which the plaintiff refused.
Specials in Evidence
$14,650
Injuries
Soft tissue strain and sprain injuries of the neck and lower back, slight scarring in the facial area and laceration of the right eye from broken glass. The plaintiff was diagnosed with trauma to the right eye, iris dialysis of the right eye, vitreous hemorrhage of the right eye, and iris sphincter trauma to the right eye. Her prognosis is the possible development of glaucoma, cataracts and retinal damage. She has permanent white flashes in her right eye that occur daily. The tear to her iris (color portion of her eye) manifest itself with a black mark where the iris meets the white portion of her eye. This is permanent. Because of the additional risk of developing glaucoma and cataracts, she will require additional visits to her ophthalmologist for the remainder of her life.
Other Information
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