Confidential
Settlement – $1,300,000Judge
Court
San Luis Obispo Superior
Attorneys
Plaintiff
Raymond J. Pulverman
(Pulverman & Pulverman LLP)
Martin E. Pulverman
(Pulverman & Pulverman LLP)
Roy Wayne McClean
(Law Offices of Wayne McClean)
Defendant
Peter M. Hart
(Law Office of Peter M. Hart)
Clayton U. Hall
(Hall, Hieatt & Connely LLP)
Experts
Plaintiff
James V. Ouellet
(technical)
Harry J. Krueper Jr.
(technical)
Edward L. Bennett M.A.
(technical)
Ben Griffin
(medical)
Paul Klosterman
(medical)
Janet Miller
(medical)
Defendant
David B. Watson
(medical)
Weston S. Pringle
(technical)
Carol R. Hyland M.A.
(technical)
Stephen A. Blewett
(technical)
Facts
The plaintiff was riding her motorcycle to work southbound on El Camino Real in Atascadero when a pick-up
truck owned and operated by defendant driver pulled out from defendant employerÆs premises directly in front
of the plaintiff. The plaintiff could not stop and "T-boned" defendant driverÆs pick-up. Independent witness and
police report place fault on defendant driver.
Defendant driver and driverÆs employer testified the driver had clocked out from work
before the accident. EmployerÆs time clock records only showed total hours worked but did not
show time the driver clocked in or out from work.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $1 million. The defendant driver offered the $50,000 policy limits. The defendant employer made a C.C.P. Section 998 offer of $30,000. The defendant adjoining property owner settled for $50,000.
Damages
The plaintiff claimed $407,000 in past medical expenses, $1 million in future medical expenses (the defendants estimated the future medical expenses were between $350,000 to $400,00), $60,000 in past lost earnings and $750,000 in future lost earnings (the defendants estimated the lost future earnings at $200,000).
Injuries
The plaintiff sustained fractures to her vertebrae, partial paraplegia, broken ribs, shoulder separation, a fractured clavicle, puncture wounds, bladder dysfunction and scarring as a result of the accident.
Other Information
<M>A mediation was held before retired judge Harkjoon Paik.</M> <P>The defendants brought three unsuccessful motions for summary judgment. The parties attended three court-ordered mediations and one voluntary mediation. The plaintiff brought a motion based on the "premises line" doctrine and the case settled within a week of the trial courtÆs tentative ruling granting plaintiffÆs motion for summary adjudication of issues.</P>
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