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CONFIDENTIAL

Jun. 12, 1999

Personal Injury (Vehicular)
Automobile Accident
Negligence

Confidential

Settlement –  $95,806

Arbitrator

Candace D. Cooper

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

J. Shaffer Smith


Defendant

Terry Lynn Gimenez


Experts

Plaintiff

Farshid F. Hekmat
(medical)

Defendant

James T. London M.D.
(medical)

Steven J. Bellino
(technical)

Facts

On Oct. 20, 1996, at approximately 9 p.m., the 22-year-old unemployed plaintiff was riding a skateboard southbound on Mayfield at its intersection with Barrington. The defendant made a left turn and the plaintiff ran into the side of defendants Jeep Cherokee. The plaintiff was cited at the scene by the investigating officer for violation of Vehicle Code º21954(a). The plaintiff was taken to UCLA Hospital where he was hospitalized for a week for observation. The plaintiff subsequently claimed disc herniation.

Settlement Discussions

A mediation was held before Terence Keeland on Nov. 11, 1998. At that time, the plaintiff's demand was $75,000. The defendants offered up to $13,000. A mandatory settlement conference was continued to May 3, 1999 before Judge Candace Cooper, the trial date being continued to May 10, 1999 predicated upon alleged related findings of disc herniation and allegations of possible future surgery. The plaintiff raised his demand to $125,000, reduced to $100,000 policy limits prior to the rescheduled mandatory settlement conference. The case was ultimately settled for $95,806.40 before trial.

Damages

The plaintiff was kept in UCLA for a week for observation and their charges totalled $10,700 (per plaintiff); $14,000 (per the defendant). Thereafter, the plaintiff received various consultations, medical and chiropractic treatment totalling approximately $7,500.

Injuries

The plaintiff suffered blunt trauma to the upper torso and various soft tissue injuries to his neck and back. The plaintiff claimed he had residual low back complaints and disc injury supported by MRI findings.

Other Information

The settlement was reached approximately 19 months after the case was filed.


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