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CONFIDENTIAL

Oct. 23, 1999

Personal Injury (Vehicular)
Auto v. Auto
Respondeat Superior

Confidential

Settlement –  $2,000,000

Mediator

Peter G. Stone

Court

Santa Clara Superior


Attorneys

Plaintiff

Michael E. Moore

Robert M. Vezzolini


Defendant

Dale L. Allen Jr.
(Allen, Glaessner, Hazelwood & Werth LLP)

Richard Williams

Lois Yoshida


Experts

Plaintiff

Alfred Scopp
(medical)

Carol R. Hyland M.A.
(technical)

Carley C. Ward
(technical)

Kenneth S. Peters
(medical)

Thomas A. Boster
(technical)

Phillip H. Allman III, Ph.D.
(technical)

Defendant

Robert H. Roberts
(medical)

Mark H. Strassberg M.D.
(medical)

Mark A. Cohen
(technical)

David M. Blaisdell
(technical)

Daniel S. Girvan
(technical)

G. Michael Michael Graham
(technical)

Facts

On April 15, 1996, the plaintiff, a 37-year-old hardware engineer, was driving his 1993 Jeep Grand Cherokee in Morgan Hill, California. He was stopped at a red light in traffic when his vehicle was struck in the rear by a Chevrolet pick-up truck driven by the defendant driver, an employee of the defendant automobile dealership. The plaintiff brought this action against the defendant driver and his employer based on negligence and respondeat superior theories of recovery.

Settlement Discussions

The plaintiff made an initial settlement demand for $5 million. The defendants made no offer.

Specials in Evidence

$28,646 $236,860 (disputed) $2,352,514 (disputed) $576,797 (disputed)

Injuries

The plaintiff claimed he sustained minor soft tissue injuries and mild brain damage, resulting in difficulty concentrating and remembering.

Other Information

The settlement was reached approximately two years and one month after the case was filed.


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