Confidential
Settlement – $140,000Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
David F. Beach
(Perry, Johnson, Anderson, Miller & Moskowitz LLP)
Experts
Plaintiff
Steven Copp
(medical)
Defendant
Laura L. Liptai
(technical)
Glen S. O'Sullivan
(medical)
Facts
On July 3, 1994, the injured plaintiff, a 56-year-old homemaker, was a passsenger in an automobile in San Jose when her vehicle was struck in the rear by an automobile driven by the defendant. The injured plaintiff's automobile was not damaged. The injured plaintiff and her husband, brought this action against the defendant based on negligence and loss of consortium.
Settlement Discussions
The plaintiffs made an initial settlement demand for $250,000. The defendant made an initial settlement offer of $15,000.
Specials in Evidence
$34,282
Injuries
The injured plaintiff claimed she sustained back injuries requiring surgery at L5.
Other Information
ARBITRATION: An arbitration was held on Dec. 7, 1998, before Richard Wylie, resulting in an award of $140,000. The defendant requested a trial de novo. SETTLEMENT CONFERENCE: A mandatory settlement conference was held on Sept. 8, 1999, before mediator Phil Young, resulting in the reported settlement. The settlement was reached approximately four years and nine months after the case was filed. The case was in pro per until Sept. 28, 1998.
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