Confidential
Settlement – $650,000Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Ryan D. Saba
(Rosen Saba LLP)
James R. Rosen
(Rosen Saba, LLP)
Defendant
Jeane Struck
(JAMS)
Experts
Plaintiff
Charles E. Becker
(technical)
William W. Brien
(medical)
Defendant
Thomas G. Sampson M.D.
(medical)
Michael Slade
(technical)
Facts
On March 17, 2002, the defendant United Irish Cultural Center Inc. (UICC) hosted a St. Patrick's Day celebration at their premises. Brian Burke was an invited guest and attended the celebration. Brian Burke was allegedly served and consumed alcoholic beverages. After consuming the alcoholic beverages, he got into his car and drove away from the UICC premises. He drove less than two miles before he caused a head-on collision with the vehicle of Rachel Boltz. The plaintiff Jeffrey Polanco, age 22, was a passenger in Rachel Bolz's vehicle and suffered an injured hip as a result of the collision. Both expert toxicologists testified that Brian Burke's blood alcohol level was .32 at the time of the accident.
Settlement Discussions
The case was settled prior to trial at $650,000. The defendant UICC paid $550,000 and the defendant Brian Burke paid the policy limits of $100,000. WHAT WERE THE DEMANDS AND OFFERS, IF ANY, PRIOR TO SETTLEMENT?
Specials in Evidence
$63,000 WAS THERE ANY LOSS OF EARNINGS?
Injuries
Right acetabular (hip) fracture and dislocation requiring surgery and hospitalization, with plaintiff's treating orthopedic surgeon testifying that plaintiff will need at least one future total hip replacement.
Result
The case was settled prior to trial at $650,000. The defendant UICC paid $550,000 and the defendant Brian Burke paid the policy limits of $100,000.
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