1. DOCKET NO.: 15951
2. COURT/BRANCH: SUPERIOR COURT OF CALIFORNIA - COUNTY OF SOLANO
3. CASE NAME: Douglas Ince vs. First Capitol Auction Co.
4. TRIAL TYPE: N/A
5. JUDGE N/A
6. SETTLEMENT DATE: December 27, 2001
7. TYPE OF CASE: Premise Liability – Personal Injury
8. SETTLEMENT AMOUNT:
9. COUNSEL A. Plaintiff:
Omar I. Habbas, Esq.
Habbas, Amendola & Nasseri
675 N. First Street, Suite 100
San Jose, CA 95112
Steven J. Brewer, Esq
GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER
1999 Harrison Street, Suite 1600
Oakland, California 94612
Office: (510) 832-5411
Fax: (510) 832-1918
Party Represented: Douglas Ince
B. Defense: James T. Anwyl, Esq.
Anwyl, Scoffield & Universal, LLP
2180 Harvard Street, Ste. 200
Sacramento, CA 95815
Office: (916) 565-1800
Fax: (916) 565-2374
Parties Represented: First Capitol Auction
10. PARTIES: Plaintiff: Douglas Ince
Date of Birth: 8/30/45 (56 years old)
Occupation: Owner – Pipeline Construction
Defendants: First Capitol Auction Co.
11. FACTS: On 11/20/99, plaintiff was picking up supplies at First Capitol Auction when he was struck on the head by a forklift. Defendants have disputed liability.
12. CLAIMED INJURIES: Plaintiff sustained a neck and head injury. Hospital records indicated that Mr. Ince may have experienced a momentary loss of consciousness after the accident. A CT scan of the head was unremarkable. Mr. Ince had difficulty with attention, verbal memory, calculations, abstractions and problem-solving. An MRI scan revealed a 2 cm zone of post traumatic encephalomalacia in the inferior left parietal lobe.
Also indicated were possible minimal changes in the inferior aspect of the right frontal lobe, but these were equivocal. Mr. Ince was diagnosed with a brain injury with cognitive impairment.
13: CLAIMED DAMAGES: Plaintiff incurred approximately $58,429.95 in medical bills.
P.O. Box 292220
Sacramento, CA 95829
Adjuster: Lucia Harmon
15: COMMENTS: Settled for $950,000.00 in mediation.