Confidential
Settlement – $107,500Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Mark G. Cunningham
(Cunningham & Sherman LLP)
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.
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