Confidential
Settlement – $400,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
J. Dean Rice
(Law Office of Andrew W. Macrae)
Experts
Plaintiff
William Umansky
(medical)
Cary P. Mack
(technical)
Chris K. Guerin
(medical)
Stuart C. Marshall
(medical)
Defendant
Robert V. Equals
(technical)
Richard D. Hornichter
(medical)
Richard Greenfield M.D.
(medical)
Facts
On April 24, 1995, the plaintiff driver was operating a vehicle carrying two other plaintiffs as passengers. The defendant, a 74-year-old insulin dependent diabetic, experienced a hypoglamic reaction while attempting to drive home from shopping. The plaintiffs claimed witnesses observed the defendant's vehicle weaving through traffic for several miles prior to its impact with the plaintiffs' vehicle. The defendant eventually lost control of her vehicle and crossed a double-yellow line into oncoming traffic, causing a head-on collision with the plaintiffs' vehicle. The plaintiffs, the three injured people and the spouse of one of the victims, brought this action against the defendant based on negligence and intentional claims and loss consortium theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Specials in Evidence
$27,000 (plaintiff driver); $7,000 (plaintiff passenger 1); $2,866 (plaintiff passenger 2) $150,000 (plaintiff driver); $20,000 (plaintiff passenger 1); $2,807 (plaintiff passenger 2) $150,000 (plaintiff driver); $20,000 (plaintiff passenger 1); $2,807 (plaintiff passenger 2)
Injuries
The plaintiff driver sustained facial lacerations and disfigurement, requiring surgery, a fractured finger, elbow and an open joint extensor tendon rupture. Plaintiff passenger 1 alleged cervical thoracic sprain and a torn meniscus, requiring arthroscopic surgery. Plaintiff passenger 2 alleged a cervical lumbar sprain and strain.
Other Information
The settlement was reached approximately one year and two months after the case was filed.
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