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CONFIDENTIAL

May 22, 1999

Personal Injury (Vehicular)
Negligence
Automobile Accident

Confidential

Settlement –  $100,000

Mediator

Paul D. Fritz

Court

San Luis Obispo Superior


Attorneys

Plaintiff

Nigel Whitehead


Defendant

Michael J. Gilroy


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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