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CONFIDENTIAL

Apr. 2, 1994

Personal Injury (Vehicular)
Automobile Accident
Rear End Collision

Confidential

Settlement –  $160,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Brian D. Witzer


Defendant

William G. Baumgaertner


Experts

Plaintiff

Michael Fisher
(medical)

Brian Alpert
(medical)

Alan Bassman
(technical)

Facts

On February 12, 1991, Plaintiff, a 40-year-old traffic officer in the course and scope of his employment with the City of Los Angeles Department of Transportation, was stopped on San Vicente Boulevard. He was about to exit the city's vehicle in order to chalk-mark parked vehicle tires when Defendant's automobile struck the city vehicle in a rear end collision.

Settlement Discussions

Plaintiff contends his initial (non-formal) demand was $15,000; increased to a 998 in the amount of $27,500 (which was allowed to lapse by Defendant). Because of this action, Plaintiff claimed that the policy limit of $50,000 was opened at the first trial date; at that time a new Defense (trial) counsel was substituted and settlement was achieved on the last day of Plaintiff's case in chief.

Specials in Evidence

$7,000 $15,000

Injuries

An MRI taken 2 years post-accident revealed a 3mm disc bulge at C6-7 with a recommendation for surgery (Plaintiff declined surgery due to his faith as a Jehovah's Witness).

Other Information

In June of 1993 an arbitration by Richard Dupar resulted in a Plaintiff's award of $45,000 plus costs; trial de novo by Defendant.


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