CASE NAME: D.M. v. AMERICAN REFRIGERATION SUPPLIES, INC. , D.P.
JURIDICTION: Riverside County Superior Court
CASE DESCRIPTION: Defendant D.P., a male employee of Defendant American Refrigeration Supplies, Inc. was traveling east bound on State Route 74 in the City and County of Riverside. At said time and place defendant D.P. was engaged in looking down at his road map when his pickup truck entered the intersection against a red light directly into the path of plaintiff D.M.'s 2004 Jeep Cherokee vehicle.
PLAINTIFFS CONTENTIONS: Plaintiff D.M. alleged that Defendant driver D.P., was negligent in that he failed to keep a proper lookout for traffic; failed to observe traffic signals and further failed to properly control his pickup truck so as to proximately cause serious injury to plaintiff D.M. and substantial damages to her 2004 Jeep Cherokee vehicle.
Plaintiff D.M. further alleged that Defendant American Refrigeration Supplies, Inc.as owner of the subject pickup truck was liable for plaintiffs injuries in that the negligent driver, Defendant D.P., was acting within the course and scope of his employment and with the knowledge, permission and consent of his employer American Refrigeration Supplies, Inc. at the time of the collision.
CASE TYPE: Personal Injury - Auto accident-Negligence
PLAINTIFFS OCCUPATION: Registered Physical Therapist
AGE: 57
NATURE AND EXTENT OF PLAINTIFFS INJURIES: Plaintiff D.M. sustained the following injuries:
SETTLEMENT DISCUSSIONS: The parties agreed to Mediation before the Honorable James Alfano, ret. Judge. Prior to mediation plaintiffs counsel offered to settle for $150,000.00. Defense counsel offered to settle for $37,500.00. Prior to Mediation plaintiff was paid $24,000.00 for the property damage to her vehicle. Defendants Insurance carrier also purchased the workers compensation lien which paid for plaintiffs medical specials as the plaintiff was within the course and scope of her employment as a physical therapist at the time of the collision.
RESULT: The parties settled at Mediation for six figures new money.
PLAINTIFFS ATTORNEY:
Edward Jesse Hegel of
The Law Offices of Lunetto and Hegel
DEFENDANTS ATTORNEY:
James W. Parker of
The Law Offices of Mark Jennings
INSURANCE COMPANY: The Hartford.
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Lunetto & Hegel
Attorneys at Law
2000 East Fourth Street
Suite 120
Santa Ana, California 92705
PERSONAL INJURY: