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CONFIDENTIAL

Apr. 26, 1997

Personal Injury (Vehicular)
Automobile Accident
Left Hand Turn Collision

Confidential

Settlement –  $150,000

Judge

H. Morgan Dougherty

Court

Riverside Superior


Attorneys

Plaintiff

Shawn Steel
(Shawn Steel Law Firm)


Defendant

Debra S. Ballard


Experts

Plaintiff

Phillip Bowman
(medical)

William Heath
(medical)

Stuart Baumgard
(medical)

Facts

On Sept. 5, 1994, at 3:45 p.m., the plaintiff, a 63-year-old construction inspector from Phoenix, Arizona was driving a vehicle travelling northbound on Highway 62 in the No. 2 lane. The defendant was driving a vehicle in the No. 1 lane and decided to make a left hand turn on Mission Creek Rd. The defendant drove his vehicle across lanes No. 1 and No. 2 and into the plaintiff's lane of traffic. The plaintiff attempted to avoid the collision, but his vehicle collided into the left side of the defendant's vehicle. The plaintiff's lap-belt broke on impact and the plaintiff was injured. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $100,000 to settle the UIM claim . The defendant accepted.

Specials in Evidence

$14,116 $_________________ $___________________ $25,000

Injuries

The plaintiff alleged that he suffered multiple injuries, including a cut to his right hand and right shoulder impingement syndrome, requiring future arthroscopic subacromial decompression, and cervical radiculopathy, which provokes constant neck, shoulder, shoulder blade and proximal arm pain with occipitofrontal headaches, which required three cervical epidural injections and a future anterior cervical spine fusion.

Other Information

The settlement was reached approximately two years and eight months after the case was filed.


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