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CONFIDENTIAL

Oct. 16, 1999

Personal Injury (Vehicular)
Auto v. Truck
Wrongful Death

Confidential

Settlement –  $1,500,000

Court

Fresno Superior


Attorneys

Plaintiff

Mary E. Alexander
(Mary Alexander & Associates PC)

Ralph C. Smith


Defendant

Timothy J. McCaughey


Facts

On Oct. 9, 1996, the decedent, a 33-year-old correction officer, was driving his automobile northbound on Highway 145 in Fresno County, a two-lane highway. The defendant trucking company's trucks, driven by the two defendant truck drivers, were traveling southbound one directly behind the other. A car in the southbound lane of traffic, in an attempt to pass the trucks, entered the decedent's lane in front of the decedent's vehicle. The passing automobile struck the decedent's autombile head-on. The decedent was killed in the collision. The decedent's widow and minor children, aged 3 and 7, brought this action against the trucking company and the two employee truck drivers based on negligence and negligence per se.

Settlement Discussions

On Feb. 16, 1999, the plaintiffs made a settlement demand for $1,999,999. The defendants made a settlement offer of $1.2 million.

Specials in Evidence

$98,518 $1,406,703

Injuries

The plaintiffs claimed damages for the death of a 33-year-old husband and father.

Other Information

A settlement conference was held on April 21, 1999 before Hon. John Finch of Fresno Superior Court, resulting in the reported settlement. The settlement was reached approximately one year and seven months after the case was filed.


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