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CONFIDENTIAL

Sep. 28, 2004

Personal Injury
Auto v. Auto
Rear-End Collision

Confidential

Settlement –  $100,000

Judge

Gerald G. Johnston

Court

Orange Superior


Attorneys

Plaintiff

Christian W. Wilbert


Defendant

Scott J. Dickinson


Facts

On Feb. 14, 2003, the defendant, who was driving a 1995 Infiniti rear-ended the plaintiff, who was driving a 1993 Toyota Tacoma in the fast lane on the I-5 southbound near Alton Parkway in Irvine. The accident occurred at 6:30 p.m., in a stop and go traffic. The plaintiff alleged that the accident was caused by the vehicular negligence of the defendant. The defendant did not dispute liability but contested the nature and the extent of the plaintiff's injuries.

Settlement Discussions

The plaintiff demanded $100,000 policy limits. The defendant initially offered $45,000. The defendant later offered $55,000 with an indication of $60,000. The defendant accepted the plaintiff's C.C.P. Section 998 offer of $100,000.

Specials in Evidence

$20,000 (not including the cost of surgery)

Injuries

Six mm herniated disc at L3-4; 4 mm herniated disc at L4-5; 3 mm herniated disc at L5-S1; soft tissue injuries to neck and mid-back.


#98178

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