Confidential
Settlement – $86,500Court
Case Not Filed
Attorneys
Plaintiff
Defendant
Jacob A.O. Stub
(Neustadt & Berriz APC)
Experts
Plaintiff
Michael T. Schiffman
(medical)
Defendant
Steven J. Nagelberg M.D.
(medical)
Facts
On June 20, 1999, the plaintiff, a 53-year-old superintendent in an insurance companyÆs special claims division,
was a passenger in a Winabago driven by his father traveling west of Santa Rosa in New Mexico. The
plaintiffÆs father apparently fell asleep at the wheel and drove the vehicle into a ditch. The plaintiff was thrown
about the vehicle. The plaintiff brought this claim based on negligence theory of recovery. The parties agreed
on liability and mediated the action based on damages.
Settlement Discussions
The plaintiff demanded the $100,000 policy limits and the defendant offered $15,000. The matter was settled at mediation before retired judge Raymond Cardenas.
Injuries
The plaintiff sustained right side posterior neck, shoulder and right arm pain, as well as multi-level pathology and cervical disc bulges at all levels with a 5 mm bulge at C4-5.
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