Confidential
Settlement – $455,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Brian D. Chase
(Bisnar Chase LLP)
Defendant
Experts
Plaintiff
Lino Valdivia
(medical)
Henry Schmitz
(technical)
Jeff Tittelfitz
(technical)
Mark A. Anderson
(Kuzyk Law)
(medical)
C. Phillip O'Carroll M.D.
(medical)
Defendant
Bryant Millan
(technical)
David B. Sacks
(medical)
Robert J. Sbordone M.D.
(medical)
Phillip E. Solomon
(medical)
Alan J. Goldman
(medical)
Stephen L.G. Rothman M.D.
(medical)
Richard D. Dauben
(medical)
Henry J. Kahrs A.B.V.
(medical)
John G. Evans
(Judicate West)
(medical)
Facts
On March 16, 1997, the defendant went to Sterling BMW in Newport Beach to pick up a new car he leased two weeks prior and was in for servicing. When the defendant arrived, he was advised that he needed to sign a personal guarantee before his car would be released to him. The defendant then exited to get his vehicle and leave without executing the document. The plaintiff, a 48-year-old general sales manager for Sterling BMW, approached defendant and an alercation ensued. The defendant then "chest butted" the plaintiff three times and then performed a tripping maneuver causing plaintiff to fall and strike his head on the ground. The plaintiff initially sued on intentional tort and negligent theories of recovery. However, to better ensure insurance coverage for the incident, the intentional theories were abandoned just prior to trial.
Settlement Discussions
The defendant's initial offer was $130,000 before trial. The plaintiff made a C.C.P. º998 demand for $1 million (policy limit). On the first day of trial, the defendant made a C.C.P. º998 of $250,000 (expired). The matter was settled on the eigtht day of trial. The defendant purchased the workers compensation lien before trial.
Specials in Evidence
$30,000 (including vocational rehabilitation training) $120,000
Damages
The workers compensation intervenor alleged a total of $137,864.99 (including $51,068.95 for medical; $42,597.72 disability benefit; $10,225.29 vocational rehabilitation, plus allocated expenses). The plaintiff alleged over $100,000 past loss of earning and $1.4 million future loss of earning.
Injuries
The plaintiff sustained post-traumatic head syndrome, short term memory loss and mild hearing loss one year.
Other Information
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