Confidential
Settlement – $120,000Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
Stephen W. Pearson
(medical)
Facts
On June 12, 1997, the plaintiff, a 53-year-old disabled man, was traveling southbound on Gonzales Road when his vehicle was struck from behind by a truck loaded with strawberries. The defendant driver was driving the truck in the cause and scope of his employment with the defendant company. The plaintiff brought this action against the defendants based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $ 148,000. The defendants made no offer.
Specials in Evidence
$36,000 $ _____ $ _____ $ _____
Damages
$850 for damages to the car.
Injuries
The plaintiff sustained a torn rotator cuff and frozen shoulder syndrome, requiring two surgeries; soft-tissue injuries to cervical and lumbar spine, requiring physical therapy. The plaintiff suffers ongoing pain and limited range of motion to his left shoulder.
Other Information
The settlement was reached approximately 10 months after the case was filed. A mediation was held on March 1, 1999, before Judge Herbert Ashby of ARC, resulting in substantial progress and ultimately settlement occurred just prior to trial.
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