Confidential
Settlement – $117,000Judge
Mediator
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Facts
On Sept. 10, 1997, the plaintiff, a 53-year-old planner, was driving an automobile owned by his employer which was stopped on the limit line of the southbound lane of Jackson Drive, waiting for the red light to turn green. Defendant driver, an employee of defendant trucking company, was driving a Peterbilt Model 359 tractor/trailer. Defendant driver's load was a 60-ton Caterpillar 834 Earth Compactor, "bulldozer," as he exited Highway 8, westbound at Jackson Drive. Defendant driver turned left (north) at the bottom of the Jackson Drive exit ramp, then turned left (west) on Center Drive. As defendant driver drove about + of the way up the hill on Center Drive, he downshifted. The two chains securing the bulldozer to the trailer broke. The bulldozer rolled off the trailer and rolled down the hill on Center Drive crushing the plaintiff's automobile, which was stopped on the limit line of the southbound lane of Jackson Drive. The plaintiff's employer sued to recover the benefits paid to the plaintiff, arising out of the worker's compensation claim engendered by the accident. The plaintiff sued defendant trucking company and its driver for recovery of personal injuries.
Settlement Discussions
The plaintiff made an initial settlement demand for $500,000. The defendants made an offer of $35,000.
Damages
The plaintiff claimed special damages in the amount of $18,103,35.
Injuries
The plaintiff sustained a laceration to his left index finger with extensor tendon disruption and emotional distress.
Other Information
A mediation was held on Aug. 18, 1998, before retired justice Gerald J. Lewis. Although, the parties were close to settlement, the statute of limitations was about to run, so the plaintiff filed the complaint on Sept. 8, 1998. Settlement was finalized just three days later, on Sept. 11, 1998.
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