Confidential
Settlement – $1,100,000Arbitrator
Court
Case Not Filed
Attorneys
Plaintiff
Lee C. Arter
(Law Offices of Lee Arter)
Defendant
Experts
Plaintiff
Jacob E. Tauber M.D.
(medical)
Ronald M. Schilling
(medical)
Alfred N. Roven
(medical)
George F. Ripsom
(technical)
Defendant
Steven N. Brourman
(medical)
Bruce J. Dubin
(medical)
Facts
On May 31, 1995, the plaintiff, a 32-year-old homemaker, was driving on Azusa Avenue northbound in the number two lane. As she was crossing the intersection with Temple Avenue, an uninsured motorist attempted a left hand turn from southbound Azusa onto Temple Avenue in front of her. The plaintiff's speed just before the impact was 40 mph. At the time the uninsured motorist made his left turn, the red arrow left turn signal was burnt out on one of the traffic signals that governed the intersection.
Settlement Discussions
There were no settlement discussions until a voluntary settlement conference three years after the accident, at which time the initial offer by the defendant was $100,000, raised to $300,000. There was a $2 million policy and the plaintiffs sought $1.5 million, with an indication that they would go to $1,250,000. The day before the binding arbitration was to commence, the defendants offered $907,000 which was rejected by the plaintiffs.
Specials in Evidence
$75,000 $400,000
Injuries
The plaintiff suffered fractured humerus, mid ulnar fracture, femur fracture, tibia fracture, open reduction; internal fixation. Mid-forehead laceration and multiple other lacerations and ankle injury. The defendant's doctor disputed the need for ankle fusion.
Other Information
The settlement was reached approximately three years and one month after the case was filed. Settlement was reached after one full day of arbitration with another date set for continuation. Testimony was taken of the doctors, the accident reconstructionist, and a witness, with only the plaintiffs' testimony left to be taken.
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