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CONFIDENTIAL

Aug. 9, 1997

Torts
Product Liability
Negligent Repair

Confidential

Settlement –  $235,000

Judge

Robert J. Polis

Mediator

Herbert L. Ashby

Court

Orange Superior


Attorneys

Plaintiff

Raymond L. Arouesty


Defendant

James J. Yukevich
(Yukevich Cavanaugh)

Frederick J. Mohun


Facts

On Sept. 22, 1995, defendant automotive mechanic replaced rear wheel bearing on the plaintiff's 1990 car in response to a complaint of wheel noise. Two thousand miles later the car's right rear wheel and tire unexpectantly came off the car travelling at approximately 65 mph. At the time of the accident, plaintiff driver was a 40-year-old counselor and plaintiff passenger was a 41-year-old author consultant. The plaintiff brought this action against the defendant based on negligence and product liability throeries of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $275,000. The defendants made a C.C.P. º998 offer of compromise for $150,000.

Specials in Evidence

$55,000 (combine) $10,000 $10,000

Injuries

The plaintiff driver claimed to have suffered facial fractions, including a broken nose requiring reconstructive surgery.

Other Information

The settlement was reached approximately six months after the case was filed. A mediation was held on ___/___/19___ before Hon. Herbert Ashby, retired of ARC resulting in the reported settlement. Any interesting comments / infos on judge / arbitrator / mediator?


#98993

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