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CONFIDENTIAL

May 18, 2004

Personal Injury
Auto v. Auto
Rear-End Collision

Confidential

Settlement –  $25,000

Judge

Stephen D. Cunnison

Court

Riverside Superior


Attorneys

Plaintiff

Jaime N. Villanueva


Defendant

Edward St. Germain


Experts

Plaintiff

Edward Komberg
(medical)

Edward G. Stokes
(medical)

John D. Adams
(medical)

William Warden
(medical)

Facts

On Jan. 13, 2001, the plaintiffs, Ernestine Djuvstad, 63 and Teresa Medina, 83, were rear passengers, seat-belted, in a car in the carpool lane on SR-91 in Riverside. Their vehicle was rear-ended at approximately 65 mph by a car driven by the defendant Kathy Callas and registered to the co-defendant Loc Nguyen.

Settlement Discussions

Medina demanded $100,000, lowered to C.C.P. Section 998 for $75,000 on the eve of trial; Djuvstad demanded $25,000. The defendants offered C.C.P. Section 998 to Medina, lowered to C.C.P. Section 998 on the eve of trial.

Damages

The plaintiffs' vehicle was totaled for which the defendants' insurance carrier paid $16,000.

Injuries

Plaintiff Djuvstad claimed she sustained whiplash. Plaintiff Medina claimed that she sustained a torn rotator cuff injury to her right dominant arm with residual severe motor deficits. She also claimed whiplash.

Other Information

Prior to trial, a non-binding arbitration was heard and the arbitrator awarded $15,000 to Djuvstad and $200,000 to Medina. The defendants requested a trial de novo, and the case proceeded to trial. Prior to jury selection, Djuvstad settled her claim for $10,000. On the first day of trial, Medina settled her claim for $15,000.


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