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CONFIDENTIAL

Jun. 29, 1996

Personal Injury (Vehicular)
Bicycle Accident
Negligence

Confidential

Settlement –  $225,000

Judge

Charles S. Burdell Jr.

Court

King Superior


Attorneys

Plaintiff

Lee Burdette


Defendant

Nancy McKinley


Experts

Plaintiff

Judith Skenazy
(medical)

Piyale Comert
(medical)

Stephen Coons
(technical)

Defendant

Frederick Wise
(medical)

Facts

On April 30, 1993, the plaintiff, a 59-year-old hypnotherapist, was walking her dog on a mixed-use trail in Mercer Island, Wash. after dark. The defendant was riding his bicycle on the trail at a speed estimated by the plaintiff's expert to be 25 to 28 mph. The plaintiff alleged she was struck from the rear and knocked down. She was rendered unconcious and could not recall what had happened. The plaintiff pedestrian brought this action against the bicyclist based on negligence theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $300,000. The defendant made a settlement offer of $50,000.

Specials in Evidence

$17,000 $_______ $_________ $_________ (medications only)

Damages

The plaintiff claimed $450,000 in damages (which exceeded the policy limits by $150,000).

Injuries

The plaintiff alleged that she sustained a skull fracture; a short period of unconciousness and a small subdural hematoma.

Other Information

The settlement was reached approximately ten months after the case was filed. A mediation was held on May 28, 1996 before Charles Burdell of JAMS/Endispute resulting in the reported settlement.


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