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CONFIDENTIAL

Aug. 9, 2001

Torts
Truck v. Auto
Wrongful Death

Confidential

Settlement –  $250,000

Judge

E. Michael Kaiser

Court

Riverside Superior


Attorneys

Plaintiff

Richard A. Cohn
(Aitken Aitken Cohn)


Defendant

Scott B. Spriggs
(Kinkle, Rodiger & Spriggs)


Experts

Plaintiff

Allan Keith Miller
(technical)

Defendant

Jon B. Landerville P.E.
(technical)

James L. Harris
(technical)

Facts

The decedent was traveling from Lake Elsinore to his home in South Gate. A light rain was falling. When he was
in the City of Corona on the transition road from Interstate 15 to the Interstate 91, he lost control of his vehicle
and struck the concrete bridge wall. Subsequently, he stopped his vehicle, and got out to check for damage to
his vehicle and pick up debris.
The defendant, in the course of scope of his employment, was traveling down the same transition road, when
he lost control of his truck and struck the same concrete bridge wall. His truck slid down the concrete bridge
wall and also struck the decedent (who was walking in the freeway lane according to the defendant) causing
fatal injuries.
The defendants contended that the plaintiff was under the influence of cocaine, valium and morphine and that
he was negligent in crossing the transition lanes on foot in the path of the oncoming defendantÆs truck.

Settlement Discussions

The plaintiff settled with the defendant through informal negotiation.


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