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CONFIDENTIAL

Jun. 22, 1996

Personal Injury (Vehicular)
Bus Accident
Negligence

Confidential

Settlement –  $1

Judge

W. Robert Fawke

Court

San Bernardino Superior


Attorneys

Plaintiff

Douglas F. Welebir


Defendant

Edmond D. Wade


Experts

Plaintiff

Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)

Facts

On April 18, 1995, the plaintiff, a 74-year-old retired woman, was a passenger in the extreme right rear seat of a passenger bus owned by the defendant nursing facility operated by its employee. On the day of the accident, the defendant bus driver pulled into the eastbound lane from the the Lucky Shopping Center in Redlands to make a left turn northbound onto Redlands Blvd. The bus driver had a green light. The defendant, driver of the other vehicle drove through a red light on southbound Redlands Blvd. and impacted the driver's side of the bus just in front of the left rear wheel. The plaintiff was thrown against the back window and fractured her neck. The plaintiff brought this action against the defendants, the nursing facility and automible driver based on negligence theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $2,000,000. The defendants made a C.C.P. º998 offer of compromise for $650,000.

Specials in Evidence

$280,000 $230,000 (per year)

Injuries

The plaintiff alleged that she sustained a fractured neck at the first cervical vertebra and a spinal cord injuries at C1-2 with total paralysis requiring open reduction with internal fixation and fusion of the spine.

Other Information

The settlement was reached approximately ten months after the case was filed. A settlement conference/arbitration/mediation was held on ___/___/19___ before _______________ (name) of ______________ (affiliation or court) resulting in ________________ . The defendant driver of the vehicle was uninsured. The defendant nursing facility had uninsured motorist coverage on the van, and the van's driver and excess as well as liability coverage on the van and personal excess liability coverage on one of the owners. The settlement was contributed from all policies.


#92377

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