Confidential
Settlement – $43,000Mediator
Court
San Bernardino Superior
Attorneys
Plaintiff
Robert J. Stoll Jr.
(Stoll, Nussbaum & Polakov APC)
Defendant
Experts
Plaintiff
H. Leon Brooks M.D.
(medical)
Facts
On Nov. 18, 1996, the plaintiff, a 32-year-old truck driver, was driving a freightliner tractor pulling an empty, large, enclosed box, type trailer eastbound on the 60 freeway at approximately 50-55 miles per hour. The defendant was driving an international tractor pulling a trailer loaded with 80,000 pounds of waste materials. The defendant rear ended the plaintiff and then ran off the right edge of the freeway and down a dirt embankment. The defendant was driving at approximately 68 miles per hour. The plaintiff alleged that as a result of the impact, his head went rearward, impacting with the rear window of the cab of his truck, breaking the window and contributing to the hyper-extension of his neck. After the impact, he was so dazed that as he was getting out of the cab of the truck he fell to the ground spraining his wrist. During the course of his medical care, it was at one time thought that he had a compression fracture of his cervical vertebra. He received cuts at various places due to the broken glass. After he completed his medical care and was released to return to work, he was frightened to drive a big rig and was concerned that he could not do the heavy lifting that he was required from time to time. He now works as a janitor. The plaintiff brought this action against the defendants based on negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for new money in the amount of $50,000. The intervenor demanded $36,000. The defendants made a C.C.P. º998 offer of compromise for $2,700.
Specials in Evidence
$11,201.21 (paid by worker's compensation) $10,116
Injuries
The plaintiff sustained a head contusion, acute neck sprain/strain, right shoulder sprain/strain, bilateral trapezoids musculature sprain/strain, acute upper back sprain/strain, acute low back sprain/strain, sprained wrist, miscellaneous cuts and bruises.
Other Information
A five-hour mediation was held before C. David Serena, Independent, resulting in a settlement of $25,000 new money to the plaintiff and $18,000 to the plaintiff-in-intervention. The plaintiff was in the course and scope of his employment when the incident occurred. Worker's compensation paid him for six months of disability, his medical care (which consisted of about six months of physical therapy) and a permanent disability rating. The total costs to the worker's compensation carrier were approximately $36,000. The worker's compensation carrier intervened in the action to recover their expenses.
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