This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Jan. 1, 2000

Personal Injury (Vehicular)
Auto v. Tree
Head-On Collision

Confidential

Settlement –  $717,000

Mediator

Kevin W. Midlam

Court

San Diego Superior


Attorneys

Plaintiff

Virginia C. Nelson
(Law Ofcs Virginia C Nelson)


Defendant

Jeanine D. Scatena

Douglas H. Barker


Experts

Plaintiff

Lance L. Altenau
(medical)

Jeffrey H. Oppenheimer
(medical)

Gregory Carlson
(medical)

Defendant

Raymond M. Vance M.D.
(medical)

Lawrence Marshall
(medical)

Facts

On Aug. 4, 1997, the plaintiff, a 19-year-old student, was a passenger belted in to the back seat of a car owned by the defendant owner and driven by the defendant driver. The defendant driver, who was also 19 years old, drove approximately 80-90 miles per hour, lost control, and struck a tree head-on near Torrey Pines Road in San Diego. The posted speed limit in the area was 40 miles per hour. The plaintiff brought this action against the defendant owner and the defendant driver based on negligence theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $995,000. The defendants made no settlement offers.

Specials in Evidence

$170,000 $20,000 (disputed)

Injuries

The plaintiff sustained gastrointestinal injury, fracture of the L3 vertebra and sigmoid colon injury. He immediately underwent surgery to repair the intestinal injury, and was placed in intensive care. He remained on a ventilator for several days. During the next few months, the plaintiff was readmitted to the hospital several times. He underwent colostomy surgery for the bowel perforation, adn a spinal fusion for the fracture. The plaintiff claimed he may require further surgery. Due to the significance of his injuries, the plaintiff missed a year of college.

Other Information

The settlement was reached approximately one year and one month after the case was filed. A mediation was held on July 13, 1999, before Judge Kevin Midlam of JAMS.


#97131

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390