Confidential
Settlement – $40,001Judge
Court
San Diego Superior
Attorneys
Plaintiff
William M. Berman
(Berman & Riedel LLP)
Defendant
Experts
Plaintiff
Peter R. Francis Ph.D.
(technical)
David A. Casteel
(technical)
Brian Bergmark
(technical)
Richard Greenfield M.D.
(medical)
Defendant
Robert K. Athy
(technical)
David G. Smith
(medical)
Eugene Vanderpol II
(technical)
Facts
On Dec. 5, 2002, Pamela Gentry pulled her Audi A4 out of a driveway onto Highway 1 in Solana Beach on Dec. 5, 2002. Mark L. Baum, a 32-year-old attorney, broadsided Gentry's Audi with his Jeep Grand Cherokee as her vehicle entered his lane.
Settlement Discussions
The plaintiff demanded $125,000; the defendant offered $40,001.
Specials in Evidence
$11,000
Injuries
Baum claimed that he suffered a superior labrum anterior-posterior (SLAP) lesion to his right shoulder and soft-issue injuries to his cervical, thoracic and lumbar spines. He also claimed that he was disabled because of pain and lack of sleep. Gentry contended that the SLAP lesion was not caused by the accident, but rather was caused by Baum's participation in sports.
Other Information
Defense bio-mechanical expert Eugene Vander Pol II refused to disclose his gross income from his forensic work at his initial deposition. Plaintiff's counsel got an order that required Vander Pol to sit for a second deposition and disclose the income.
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