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CONFIDENTIAL

Jun. 5, 1999

Personal Injury (Non-Vehicular)
Premises Liability
Assault and Battery

Confidential

Settlement –  $455,000

Judge

Dennis Keough

Court

Orange Superior


Attorneys

Plaintiff

John P. Bisnar

Brian D. Chase
(Bisnar Chase LLP)


Defendant

Gerald Gress


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

PLEASE PROVIDE THE CITY OF LOCALE OF EXPERTS Luca Vassali ________________, Beth Ballinger ________________


#96900

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