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CONFIDENTIAL

Apr. 9, 1994

Personal Injury (Vehicular)
Truck Accident
Rear End Collision

Confidential

Settlement –  $107,500

Judge

Ronald L. Bauer

Court

Orange Superior


Attorneys

Plaintiff

Donald M. Gindy


Defendant

Mark G. Cunningham
(Cunningham & Sherman LLP)

LeGrande Roberts


Experts

Plaintiff

William Glenn
(medical)

David Rosenberg
(medical)

Raymond G. Schultz
(technical)

Daniel R. Shinoff
(Artiano Shinoff) (medical)

Defendant

Edward A. Abraham M.D.
(medical)

Stephen L.G. Rothman M.D.
(medical)

George M. Brinton
(technical)

Richard C. Rinker
(technical)

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

Facts

On October 2, 1990, Plaintiff, a 61-year-old car salesman, was southbound in the number 2 lane of the Santa Ana Freeway. There was construction activity on the shoulder, one of the construction trucks left the shoulder and entered the flow of traffic, and a vehicle ahead of Plaintiff came to rest perpendicular to the traffic to avoid a collision. Plaintiff was able to come to a complete stop; but Defendant tractor/trailer rig struck Plaintiff's automobile in a rear end collision, pushing Plaintiff into the perpendicular vehicle.

Settlement Discussions

Plaintiff contends that his demand was $125,000, Defendant truck offered $75,000, and Defendant automobile offered $12,500. Defendant contends Plaintiff's demand was a 998 in the amount of $475,000.

Specials in Evidence

$18,000 $42,000 $240,000 $34,750

Injuries

C5-6 and C3-4 disc protrusions exacerbating diffuse cervical stenosis and radiculopathy requiring one year physical therapy and possible future laminectomy and fusion surgery; exacerbation of L5-S1 nerve root canal stenosis requiring possible future laminectomy.


#94369

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