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CONFIDENTIAL

Sep. 28, 2004

Personal Injury
Auto v. Auto
Broadside Collision

Confidential

Settlement –  $40,001

Judge

Jacqueline M. Stern

Court

San Diego Superior


Attorneys

Plaintiff

William M. Berman
(Berman & Riedel LLP)


Defendant

Cherie A. Enge


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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