Confidential
Settlement – $200,000Judge
Court
San Luis Obispo Superior
Attorneys
Plaintiff
Defendant
Facts
On Dec. 3, 1999, the plaintiff was a passenger in a vehicle driven by the defendant. The defendant, driving after
drinking was also exceeding the speed limit. He failed to execute a curve in the road and skid into a utility pole
with impact on the passenger side of the vehicle. The impact knocked the plaintiff unconscious. The defendant
fled the scene of the accident leaving behind the injured passenger.
The plaintiff filed suit against the defendant and also against the owners of the vehicle.
The plaintiff contended that the driver, while intoxicated and speeding, caused the accident which resulted in
the plaintiffÆs closed head injuries. The plaintiff suffered, and still suffers from lack of short term memory and
depression as a result of the accident. Due to this fact, he has been unable to continue with his schooling and
receive his college degree.
The defendant contended that the plaintiff was partially negligent for the accident in that
he encouraged the defendant to drive at a high rate of speed and had been drinking before the
accident. Also, that the plaintiffÆs difficulty with school was the result of a previous learning
disability and not the result of the subject accident.
Settlement Discussions
The plaintiff demanded $200,000. The defendant submitted a C.C.P. Section 998 offer of $50,001.
Specials in Evidence
$19,246
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