Confidential
Settlement – $1,275,000Court
L.A. Superior Pomona
Attorneys
Plaintiff
Juan J. Dominguez
(The Dominguez Firm Inc.)
Defendant
Experts
Plaintiff
Barry D. Pressman M.D.
(medical)
Alfredo A. Sadun M.D.
(medical)
Gary L. Wyatt
(medical)
Edwin C. Amos M.D.
(medical)
Tamorah Hunt
(technical)
Lawrence V. Majovski
(medical)
Garry S. Brody
(medical)
Harry J. Krueper Jr.
(technical)
F. David Rudnick
(medical)
Defendant
Kyle B. Boone Ph.D.
(medical)
Howard R. Krauss
(medical)
Kendall S. Wagner M.D.
(medical)
Jon B. Landerville P.E.
(technical)
Jeffrey L. Rosenberg
(medical)
Robert D. Thompson
(medical)
A. Jubin Merati Ph.D.
(technical)
Facts
On Feb. 6, 2002, in the mid-afternoon, Kumphak Tep, who was not a plaintiff in this suit, drove with the plaintiff Tanya Bonilla to Pomona High School to pick up his brothers, California and Mitrona, after school. On his return home, Kumphak Tep drove southbound on White Avenue in the number one lane in light traffic. Although the speed limit was 45 mph, Kumphak Tep was driving between 70 and 80 mph as he approached the intersection of White Avenue and Gate 8 to the Pomona Fairgrounds (Fairplex). The defendant Charles William Beck IV was driving northbound on White Avenue in a Ryder truck filled with equestrian goods which he intended to deliver to the Stubben North America booth in the Fairplex. The defendant testified that Kumphak Tep was traveling at least 70 mph and Beck's passenger, James Baird, testified similarly. Other witnesses who worked at the Fairplex and who were familiar with the speed limit and traffic patterns on White Avenue testified that Tep was traveling at a high rate of speed well in excess of the 45 mph speed limit. As Beck began to negotiate a left turn at Gate 8 to the Fairplex, Tep's vehicle was over two hundred yards away. Witnesses testified that as the truck began entering the driveway to the Fairplex they heard the sound of screeching tires and saw the Tep vehicle swerve from the number one lane into the median area where it struck the raised divider and then careened off to the left and rolled over and struck a stone wall.
Settlement Discussions
The plaintiff's initial demand was $6 million. The case ultimately settled for $1,275,000 before Michael Moorhead of Moorhead Mediation for all three plaintiffs after taking into account Kumphak Tep's negligence.
Specials in Evidence
in excess of $51,000 (Tanya Bonilla); $75,000 (Mitonna Tep) Tanya Bonikka: None: Mitonna Tep: None
Injuries
Tanya Bonilla suffered acute intracranial hemorrhage and acute intracranial contusion, resulting in memory deficiencies and cognitive dysfunction; she was hospitalized for six days. At the time of the settlement, she was attending LA Trade Tech to become a fashion designer. Mitonna Tep suffered a skull fracture and also suffered blindness in her right eye which affected his depth perception and peripheral vision. Mitonna Tep's medical bills exceeded $75,000. Mitonna Tep was a student at Pomona High School and did not suffer a loss of earnings. California Tep suffered a facial scar stretching between his lip and chin. He also suffered minor jaw injuries and depression. California was also a student at Pomona High School and suffered no economic loss.
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