Confidential
Settlement – $500,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Facts
On April 24, 1997, defendant, while traveling northbound on Interstate 15 near Barstow in a Ford Explorer, rear-ended plaintiffs' Toyota Previa van. The Toyota sustained approximately $4,000 in property damage. The plaintiffs brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiffs collectively made a settlement demand for $500,000 (policy limits) in February 1999, which defendants caused to expire without acceptance. In July 1999, the plaintiffs again made the policy limits settlement demand of $500,000, which defendant accepted on the eve of trial.
Specials in Evidence
$3,200 (plaintiff No. 1); $25,000 - $26,000 (plaintiff No. 2); $10,000 - $20,000 (plaintiff No. 3); $587 (plaintiff No. 4) $14,200 (plaintiff No. 3)
Injuries
Plaintiff No. 1, a 62-year-old retired engineer, suffered soft tissue injury to the neck, causing muscle spasms and limitations of movements. Plaintiff No. 2, a 63-year-old retiree (wife of plaintiff No. 1), suffered damage to her cervical spine, clavicle and sternum. She underwent surgery to her cervical spine and also suffered constant neck pain and headaches. Plaintiff No. 3, a 36-year-old civil engineer (son of plaintiffs No. 1 and 2), suffered severe lower back pain radiating down to his buttocks and knees. Plaintiff No. 4, a 38-year-old wife of plaintiff No. 3, suffered soft tissue neck pain.
Other Information
A mediation was held on Feb. 13, 1999, before Hon. Diane Wayne, during which time plaintiffs made a settlement demand for $500,000. The settlement was reached approximately one year and four months after the case was filed.
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