Confidential
Settlement – $210,000Court
San Diego Superior
Attorneys
Plaintiff
John O. Clune
(The Law Offices of John O. Clune)
Defendant
Kelly S. Wood
(O'Melveny & Myers LLP)
Experts
Plaintiff
Paul R. Reiman
(medical)
Tony Yip
(technical)
Defendant
Roger A. Thrush Ph.D.
(technical)
William E. Bowman Jr.
(medical)
Douglas R. Anderson
(technical)
Facts
The plaintiff, Paula Paulson, was driving a FedEx van in the course and scope of her employment, when she was rear-ended by John Mendoza, who was driving a truck owned by his employer, the defendant Westfall Construction Company.
Settlement Discussions
The parties attended mediation on March 31, 2005 before Maureen Summers where the plaintiff demanded $475,000 and the defendant offered $25,000. The parties did not settle at mediation. The plaintiff eventually served a C.C.P. Section 998 offer of $249,999. The defendant served a C.C.P. Section 998 offer of $175,000. The case settled for $210,000 the day before trial. The defendant settled the worker's compensation lien separately with Sedgwick Claims Management Services Inc., plaintiff-in-intervention on behalf of FedEx, for $30,000.
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