Confidential
Settlement – $50,000Facts
On May 14, 1998 at approximately 3:30 p.m., plaintiff was a passenger in defendant's 1989 Volkswagen Rabbit as the two of them were on their way to a party. The defendant drove the vehicle onto the wrong side of the roadway on Pacific Coast Highway at a high rate of speed. The plaintiff convinced the defendant to stop playing around and to get back onto the right side of the roadway. The defendant lost control of her vehicle while attempting to maneuver back onto the right side of the roadway and rolled her vehicle two times. During the second rollover, the plaintiff was ejected from the vehicle. The plaintiff was airlifted to UCLA Medical Center for evaluation and treatment. The plaintiff suffered a fractured clavicle as well as neck, back and shoulder abrasions. After 48 hours of observation, the plaintiff was released from UCLA Medical Center. She continued regular follow-up for six months with Kaiser doctors with no additional complaints. The plaintiff brought this action against the defendant based on negligence. The lawsuit filed also included a Taylor case of action for punitive damages.
Settlement Discussions
The plaintiff made a C.C.P. º998 offer of compromise for $50,000 (policy limits) which defendant accepted.
Specials in Evidence
$5,834
Other Information
The settlement was reached approximately three days after the case was filed. Defendant insurance company paid the entire policy three days after the lawsuit was filed upon learning that the defendant was under the influence of controlled substances at the time of the incident and the lawsuit sought punitive damages.
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