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CONFIDENTIAL

Sep. 8, 2004

Personal Injury
Auto v. Trailer
Driving Under the Influence

Confidential

Settlement –  $760,000

Judge

William A. Mayhew

Court

Stanislaus Superior


Attorneys

Plaintiff

Michael E. Coke

William L. Berg


Defendant

Bruce G. Nye
(Scali Rasmussen)


Experts

Plaintiff

Lenita Williamson
(medical)

Danilo Martinez
(medical)

Chester Boltwood
(medical)

Joseph Basile
(medical)

Facts

Ryan Rossi was employed at defendant People's Nissan of Folsom. In September 2000, Rossi drove a Nissan Maxima belonging to his employer. Plaintiff Christian Davis was a passenger. Rossi was intoxicated, with a blood-alcohol level of 0.25. Davis was also intoxicated. Rossi attempted to round a corner at 80 mph in a 30 mph zone. Rossi collided head-on with a big-rig truck. Rossi died in the accident, and the plaintiff sustained serious injuries. The defendants are People's Nissan and the Estate of Ryan Rossi. The plaintiff sued the defendants for vehicular negligence and negligent entrustment. Defendant People's Nissan contended that Rossi was driving its car without permission and that the plaintiff was aware that Rossi was intoxicated when he got into the car as a passenger.

Settlement Discussions

The case was settled for $760,000. People's Nissan was found liable for $15,000, and the Estate of Ryan Rossi was found liable for $745,000.

Injuries

The plaintiff had several fractures throughout his body, resulting in extensive scarring. He was hospitalized for 17 days and required metal plates and screws to be inserted into his leg.

Other Information

The case was settled for $760,000. People's Nissan settled for $15,000 (policy limits); the Estate of Ryan Rossi settled for $745,000. The lien with Aetna of $385,000 was settled for $2,500. Neutral arbitrator was John R. Williams from San Jose.


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