This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Jun. 2, 2004

Personal Injury
Auto v. Auto
Underinsured Motorist

Confidential

Settlement –  $205,000

Court

Case Not Filed


Attorneys

Plaintiff

Edwin Train Caldwell


Defendant

Anthony J. Allard


Experts

Plaintiff

J. Ronald Bean
(medical)

Defendant

Bernard S. Rappaport
(medical)

Facts

On June 29, 2003, at approximately 7 a.m., Levon Arkelian, 83, was driving his Toyota Corolla westbound on State Route 37 in Marin County. His wife, Marge Arkelian, 88, was his right front passenger. The defendant, traveling at a speed of approximately 90 mph, struck Arkelian's vehicle, catapulting it off the road onto the shoulder. The defendant was insured by Unitrin Insurance Company under a 15/30 policy. The defendant alleged that the Arkelians were senior citizens who had passed the average age of mortality and their mental suffering was, therefore, a consequence of their ages rather than the accident. The defendant also contended that many of the symptoms the Arkelians complained about had pre-existed the accident.

Specials in Evidence

$40,000 for psychiatric treatments

Injuries

The Arkelians suffered bruises, contusions and lacerations. They also suffered neck and back pain. The majority of their claims were based on an interruption of the quality of their lives.

Result

$205,000 SETTLEMENT

Other Information

The matter was successfully mediated during a six-hour session before Alan Simon.


#95850

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390