Confidential
Settlement – $100,000Mediator
Court
San Luis Obispo Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ann Wallace
(technical)
Defendant
Donald Ramberg
(medical)
Facts
On April 29, 1997, the plaintiff a 39-year-old agricultural inspector was travelling northbound on Quintana Road in Morro Bay when the defendant turned left in front of the plaintiff. The plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $100,000 (policy limits). The defendant made no offer of compromise prior to the mediation.
Specials in Evidence
$28,902.14 $12,400 $36,000 (estimated)
Injuries
The plaintiff sustained a herniated disc at C6-7, requiring a cervical discectomy and resulting in permanent light work restrictions.
Other Information
The settlement was reached approximately 11 months after the case was filed. A mediation was held on March 11, 1999, before Paul D. Fritz, of CDR resulting in settlement. The plaintiff's medical records indicated that he had complained of cervical radiculopathy for one year period ending approximately six months prior to this accident. The plaintiff argued any pre-existing problem had resolved, and at a minimum plaintiff did not require surgery prior to this accident.
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