Confidential
Settlement – $750,000Judge
Court
Kings Superior
Attorneys
Plaintiff
Richard C. Watters
(Miles, Sears & Eanni)
Defendant
Experts
Plaintiff
Donna Whitaker
(medical)
David M. Yoshida M.D.
(technical)
Kirsten Gromley
(technical)
Carley C. Ward
(technical)
Rick A. Sarkisian
(technical)
Laura L. Liptai
(technical)
Defendant
Judson B. Welcher Ph.D.
(technical)
Mark A. Whelchel
(technical)
Gregory W. Sells
(technical)
Theodore Vavoulis
(technical)
Joseph T. Capell M.D.
(technical)
Facts
On July 7, 1998, the plaintiff driver, a 41-year-old clerk/secretary, was driving her pick-up truck in Corcoran, California in the scope and course of her part-time employment with her brother's service station. The defendant was driving a pick-up truck in the lane to the left of the plaintiff in the course and scope of his employment with the defendant employer. Both the plaintiff and defendant were exceeding the 15 mph speed limit at an uncontrolled intersection. The trucks collided in an intersection. The plaintiff, who was not wearing her seatbelt, was ejected and injured when her truck's tire pinned her leg against the curb. The plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made an initial settlement demand for $2.5 million. The defendant made an initial settlement offer of $500,000.
Specials in Evidence
$143,039 (workers' compensation lien, for medical and disability payments) $21,000 $21,000 $1,050,000
Injuries
The plaintiff suffered traumatic amputation of her right leg below the knee, and mild head injury.
Other Information
A settlement conference was held on Sept. 13, 1999, before Hon. Louis F. Bissig, resulting in the reported settlement. The settlement was reached approximately one year and 11 months after the case was filed.
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