PERSONAL INJURY-AUTOMOBILE ACCIDENT

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:

  • 1.   Fracture of the left proximal humerous
  • 2.   Fracture of the third, fourth and fifth ribs
  • 3.   Right knee a arthroscopic surgery
  • 4.   Strain and sprain of the neck and back
  • 5.   Left thoracic subaxillary radiculopathy
  • 6.   Left shoulder arthrofibrosis

 

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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Suite 120
Santa Ana, California 92705

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