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

Sep. 4, 1999

Personal Injury (Vehicular)
Auto v. Motorcycle
Hit-and-Run Accident

Confidential

Settlement –  $500,000

Mediator

A. Joel Klein

Court

L.A. Superior Compton


Attorneys

Plaintiff

William R. Harris


Defendant

- CONFIDENTIAL


Experts

Plaintiff

Chadwick E. Smith
(medical)

Facts

On April 30, 1997, at approximately 4:25 p.m., the plaintiff, age 51, was operating his 1988 Honda motorcycle and heading north in the No. 2 lane of Interstate 110. As plaintiff approached the intersection with Interstate 405, travelling with the flow of the traffic, a then unidentified vehicle (later described by plaintiff as a dark colored or maroon minivan) moved suddenly and without warning from its position in the No. 1 lane into the No. 2 lane. The vehicle came directly into the path of plaintiffÆs motorcycle and plaintiff was unable to avoid impacting with the vehicle. The plaintiffÆs motorcycle struck the right rear portion of the vehicle, throwing plaintiff from the motorcycle onto the adjacent pavement and causing severe injuries to plaintiffÆs left shoulder, knee and ankle. The unidentified vehicle did not stop. A witness driver at the scene of the incident was able to write down the license number of the vehicle and follow it for some time as it continued northbound on the I-110. Once the witness arrived at her place of work, she immediately called her then fiancT, gave him the license number of the unidentified, hit and run vehicle, informed him as to what had occurred, and asked him to call the police. Immediately thereafter, the witnessÆ fiancT did call the police and relayed all of the information reported to him. The police, in turn, identified the vehicle as one owned by the defendant.

Specials in Evidence

$53,780 $29,111 $80,000

Damages

DAMAGES: Plaintiff claims special damages of $53,780 in current medicals. $80,000 in future medicals is expected. The plaintiff claims loss of earnings of $29,111, with future loss of earnings unknown.

Injuries

The plaintiff suffered a Grade IV left shoulder separation, a tibial plateau fracture of the left knee, with malunion, and a lateral malleolus fracture of the left ankle. The plaintiff has undergone five surgeries.

Other Information

The settlement was reached on June 23, 1999, pursuant to mediation, approximately one year and two months after the case was filed. A mediation was held on June 23, 1999, before A. Joel Klein of ADR, resulting in $500,000 settlement.


#96458

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

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