Confidential
Settlement – $350,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
John C. Taylor
(Taylor & Ring LLP)
Kevin T. Dunbar
(Dunbar & Associates APLC)
Defendant
Experts
Plaintiff
Jerry A. Ramsey
(technical)
Stephen D. Prater
(technical)
Bernard R. Martin
(technical)
Facts
On January 4, 1990, Plaintiff, a 26-year-old material planner, sustained personal injuries in an accident in Torrance. Plaintiff was on her way to work when an uninsured motorist backed out his driveway into Plaintiff's path of travel. Plaintiff had been wearing a seat belt, but her head hit the windshield. She was initially seen by the emergency room department at Torrance Memorial Hospital and then referred to a private doctor by a family friend. On January 24, 1990, Defendant, insurance carrier for Plaintiff's uninsured motorist coverage, denied Plaintiff's uninsured motorist claim for benefits based upon its determination that Plaintiff had been the cause of the collision. On February 21, 1991, Plaintiff demanded UM policy limits of $25,000. On March 29, 1991, Defendant responded with its first settlement offer of $2,250 new money, taking the position that liability was "comparative" based upon unsigned narrative report by the uninsured motorist (whose claim it had previously denied). The offer was also based in part by a reliance on Defendant's retained physician who indicated, after a review of the medical expenses only (not an exam of Plaintiff), that the offer should not exceed $2,702. Defendant UM carrier then referred the claim out to counsel who did not depose the uninsured motorist, did not obtain a signed statement of the uninsured motorist, and did not subpoena him to an arbitration. Neither was Plaintiff examined by a physician nor was an accident reconstructionist hired, despite the advice of Defendant's counsel. In May of 1992, Defendant offered $5,500 new money to settle the claim; Plaintiff countered with a demand for $12,500 new money. On June 2, 1992, Defendant conceded that liability was not argued and reiterated the $5,500 offer on June 4. On June 17, 1992, Plaintiff demanded $8,500; Defendant offered $5,700. On June 18, 1992, the UM case went to arbitration before the Honorable Vincent Dalsimer, retired, who awarded $20,500 less a $2,000 medical payment for a net of $18,500. There followed an additional delay in satisfying the award until August 29, 1992, due to Defendant's counsel's failure to pay an additional arbitration fee.
Settlement Discussions
Plaintiff contends her demand was $390,000 and Defendant offered $10,000 increased to $100,000 then $350,000.
Specials in Evidence
$6,406 (underlying incident)
Damages
Past medical expenses, attorney's fees, interest, and punitive damages.
Injuries
Emotional distress.
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