Confidential
Settlement – $274,109Facts
On June 3, 1998, the claimant, a 45-year-old retired wholesale electronics distributor, was driving his Harley Davidson motorcycle cross country on Highway 22 near Flagstaff, Ariz. when his motorcycle was struck from behind by a semi-truck driven by the respondent driver and owned by the respondent truck owner. The impact ejected the claimant from his vehicle and propelled him 20 feet in the air. He landed on his left side, sustaining injuries. The claimant's passenger was killed. The claimant made a claim against the driver and the truck owner based on negligence theories of recovery.
Settlement Discussions
The claimant made an initial settlement demand for $350,000. The respondent made an initial settlement offer of $150,000.
Specials in Evidence
$47,721.80 unknown.
Injuries
The claimant claimed he sustained three fractured vertebra at T10, T11 and T12; torn intestines; a ruptured and lacerated spleen, requiring a splenectomy; multiple fractures to his left ribcage; and a crushed right jaw, resulting in TMJ.
Other Information
The settlement was reached approximately six months after the accident, before a case was filed. Felony vehicular manslaughter charges are pending against the respondent driver for the death of the claimant's passenger.
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