Confidential
Settlement – $717,000Mediator
Court
San Diego Superior
Attorneys
Plaintiff
Virginia C. Nelson
(Law Ofcs Virginia C Nelson)
Defendant
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.
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