Confidential
Settlement – $79,084Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Kevin S. Landrith
(Geico)
Experts
Plaintiff
Alfred N. Roven
(medical)
Kenneth P. Burres
(medical)
Defendant
Bruce Achauer
(medical)
Facts
On June 8, 1997, the plaintiff driver, a 30-year-old unemployed, drove her mother, a 48-year-old woman, and her 5-year-old daughter in a 1986 Toyota pick-up truck. The plaintiff's truck was uninsured. The defendant driver, an 18-year-old boy, drove his pick-up truck through a stop sign and collided with the plaintiffs' truck, causing the plaintiff's truck to roll over. The plaintiff driver, her mother and her daughter brought this action against the defendant driver based on negligence.
Settlement Discussions
The plaintiff driver made a C.C.P. Section 998 settlement demand for $26,000. The plaintiff mother made a C.C.P. Section 988 settlement demand for $60,000. The defendants made no settlement offers.
Specials in Evidence
$16,346.24 (plaintiff mother); $20,148.76 (plaintiff driver); $1,005 (plaintiff child) $_______________
Injuries
The plaintiff driver suffered soft tissue injuries to her neck and back, and severe scars on her left arm. The plaintiff mother (passenger) sustained a puncture wound to her left breast, avulsion of the big toenail on her right foot, and soft tissue injuries to her neck and back. The plaintiffs claimed the puncture wound to the breast resulted in a lump that requires periodic monitoring by mammograms. The plaintiff child did not suffer injuries, but was scared and traumatized by the accident.
Result
(including assumption of medical liens)
Other Information
A mandatory settlement conference was held on Sept. 3, 1998, resulting in the reported settlement. During the mandatory settlement conference, the Court issued an order compelling one of the medical suppliers to accept a reduced lien. The settlement was reached approximately one year and three months after the case was filed.
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