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CONFIDENTIAL

Aug. 13, 2005

Personal Injury
Truck v. Van
Rear-End Collision

Confidential

Settlement –  $210,000

Court

San Diego Superior


Attorneys

Plaintiff

John O. Clune
(The Law Offices of John O. Clune)


Defendant

Kelly S. Wood
(O'Melveny & Myers LLP)

Kenneth G. Anderson


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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