Confidential
Settlement – $125,000Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Jay S. Belshaw
(Law Offices of Jay S. Belshaw)
Defendant
Beth E. Graff
(Chudacoff, Friedman, Simon, Graff & Cher)
Lisa J. McMains
(Wesierski & Zurek LLP)
Experts
Plaintiff
Stanley Goodman
(medical)
Defendant
Stephen P. Kay
(medical)
Stanley G. Katz Ph.D.
(medical)
Facts
On Feb. 4, 1997, the plaintiff, a 47-year-old medical biller, was rear-ended on the Harbor Freeway by the defendant driver, in the course of employment with defendant employer. On March 10, 1997, the plaintiff's vehicle was struck by a vehicle driven by the second defendant driver while making an illegal u-turn. On Oct. 17, 1997, the plaintiff stopped to avoid a table that fell off a truck driven by the third defendant driver and was rear-ended by the fourth defendant driver. The plaintiff brought this action against the defendants on negligence theories of liability.
Settlement Discussions
Plaintiff settled with the fourth defendant driver for $15,000.00 (policy limits) and with the third defendant driver for $50,000.00 (policy limits). Neither defendant had assets. After these settlements were approved, the plaintiff went to mediation against the first and second drivers and defendant company. The plaintiff demanded $80,000 at that time, total. The defendant offered $45,000, which was rejected. At a subsequent mandatory settlement conference, the defendants offered $60,000 ($30,000.00 each), which was accepted.
Specials in Evidence
$55,000 $21,000
Damages
$6,200 for damages to the plaintiff's vehicle ($1,600 for each of the first two accidents and $3,000 for the last accident).
Injuries
The plaintiff sustained a herniated disc at C6-7, and soft tissue injuries to her neck and back, requiring cervical fusion.
Other Information
The verdict was reached approximately one year and three months after the case was filed. A mediation was held on Feb. 2, 1999, resulting in no settlement.
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