Confidential
Settlement – $220,000Court
L.A. Superior Pasadena
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Hamid Rahman
(medical)
John R. Brault M.S.
(technical)
Defendant
Thomas D. Murtaugh
(technical)
Michael A. Wiener
(medical)
Facts
On Jan. 21, 1995, the plaintiff, a 35-year-old commercial service representative with the DWP, was travelling on the westbound I-210 (Foothill Freeway) in the number four lane. The plaintiff's two minor children (ages 5 and 1) were passengers in the plaintiff's vehicle. The plaintiff brought her vehicle to a stop in the No. 4 lane because the traffic in front of her had stopped. The plaintiff was stopped for approximately 10 seconds when she was rearended by the defendant's vehicle. The defendant's vehicle was travelling approximately 55 to 60 miles per hour. The impact cause the plaintiff's vehicle to be pushed forward into the vehicle in front of it. The impact also caused the defendant's airbag to deploy. The defendant stipulated to 100 percent liability. The plaintiffs, the mother of her two children, brought this action against the defendants based on negligence theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $300,000. The defendants made a settlment offer of $123,329.61, increased to $200,000 at the Feb. 28, 1997 voluntary settlement conference with Judge Sheffield. The settlement was reached after the June 24, 1997 mandatory settlement conference before Judge Thomas Stoever.
Specials in Evidence
$25,926.51 (plaintiff mother); $329 (plaintiff 1-year-old); $1,629 (plaintiff 5-year-old) $63,569.20
Injuries
The plaintiff mother alleged injuries to her neck, shoulders, arms and back. The MRI of the cervical spine showed a 5-7 MM central and left paracentral extruded disc at C5-6 causing cord effacement. She required a anterior cervical diskectomy at C5-6 with osteophytectomy bilaterally, excision of extruded disk fragments at the 5-6 level and anterior cervical fusion utilizing bone bank graft lot #AB25500051-96 iliac crest graft.
Other Information
The settlement was reached approximately two years and five months after the case was filed. An arbitration was held on July 25, 1996 before R. Timothy Stone resulting in an award of $123,329.61. The plaintiff requested a trial de novo.
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