Confidential
Settlement – $125,000Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Andrew C. Bryman
(Bryman & Apelian)
Defendant
Experts
Plaintiff
Lester M. Zackler M.D.
(medical)
Jalil Rashti
(medical)
H. Ronald Fisk M.D., Ph.D.
(medical)
Defendant
Jeffrey E. Levine
(Matheny, Sears, Linkert & Jaime LLP)
(medical)
Eugene Malitz
(medical)
Chadwick E. Smith
(medical)
Facts
On Aug. 15, 1995, the plaintiff, a 36-year-old teacher, was driving her automobile southbound on U.S. Highway 101 (the Ventura Freeway) near the Burbank Boulevard undercrossing in Los Angeles. Defendant truck driver A was operating a semi tractor-trailer owned by defendant company A . Defendant truck driver B was driving a semi tractor-trailer owned by defendant company B. Defendant truck driver B suddenly applied his brakes, causing the cab of his truck to swerve to the right and sideswipe the tractor-trailer driven by defendant truck driver A. The impact caused truck driver B's tractor-trailer to ricochet out of control across the freeway and collide with several other vehicles, including the plaintiff's. The force of the collision caused the plaintiff's vehicle to spin out of control, striking several other vehicles and the cement median. The plaintiff brought this action against the two truck drivers and the owners of their tractor-trailers based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand to _____________ (who??) for $199,000. Defendant __________________ made a C.C.P. º998 offer of compromise for $55,000.
Specials in Evidence
$17,154 $____________ (if claimed, please state occupation)
Injuries
The plaintiff claimed she sustained soft-tissue and cervical injury resulting in entrapment neuropathy of the lerft radial nerve. The plaintiff claimed she also suffered post traumatic stress disorder.
Other Information
A mediation was held on Aug. 24, 1999 before Hon. Robert Feinerman, retired, resulting in the reported settlement. The plaintiffs' prior counsel settled the case for $55,000. The plaintiff's new counsel told carrier to pay $75,000 and new counsel would waive his fee. The carrier declined and plaintiffs' new counsel pursued the matter to resolution.
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