Confidential
Settlement – $100,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Roy Damser
(medical)
Donald L. Feurzeig
(medical)
Rick Delamarter
(medical)
Peter R. Francis Ph.D.
(technical)
Defendant
Roger S. Sohn
(medical)
John F. Perry
(technical)
Robin T. Harrison
(technical)
Facts
On June 11, 1995, the plaintiff, a 35-year-old executive secretary, was traveling Westbound on Baker Street in Costa Mesa when her car broadsided the defendant's car as the defendant made a U-turn at a stop sign at low speed. Per the defendant, the defendant made the turn from a stopped position at the right curb. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $100,000 (policy limits). The defendant's carrier offered $100,000 after cervical discectomy surgery and fusion was scheduled and such schedule was confirmed.
Specials in Evidence
$8,000 $1,000 $5,000 $30,000
Injuries
The plaintiff claimed she was treated for a cervical sprain for six months without a relief and then saw two neurosurgeons, who both diagnosed a 4-mm disc herniation at C5-6 and both recommended surgery.
Other Information
The settlement was reached approximately one year and two months after the case was filed. A settlement conference was held on March 28, 1997 before Commissioner Sheila Fell of Orange County Superior Court. It did not resolve the matter.
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