1. DOCKET NO.: C02-03281
2. COURT/BRANCH: SUPERIOR COURT OF CALIFORNIA - COUNTY OF CONTRA COSTA
3. CASE NAME: Michael Joseph Lynch & Susan Huang vs. Jack Breshears et al.
4. TRIAL TYPE: N/A
5. JUDGE N/A
6. SETTLEMENT DATE:
October 9, 2002
October 24, 2002
May 20, 2003
January 7, 2004
7. TYPE OF CASE: Auto Accident – Personal Injury
8. TOTAL SETTLEMENT AMOUNT:
9. COUNSEL A. Plaintiff:
Omar I. Habbas, Esq.
Caroline J. Nasseri, Esq.
Habbas, Amendola & Nasseri
675 N. First Street, Suite 100
San Jose, CA 95112
Party Represented: Michael Joseph Lynch and Susan Huang
B. Defense: R. Lawrence Bragg, Esq.
Law Offices of Donald J. DeShaw
2730 Gateway Oaks Drive, Ste. 210
Sacramento, CA 95833
Office: (916) 923-9505
Fax: (916) 925-4591
Parties Represented: Marc Edward Seferian
Martin L. Ambacher, Esq.
McNamara, Dodge, Ney, Beatty,
Slattery & Pfalzer, LLP
1211 Newell Avenue,
Walnut Creek, CA 94596
Office: (925) 939-5330
FAX: (925) 939-0203
Marchmont J. Schwartz, esq.
Schwartz & Alexander
1390 Willow Pass Road, Ste. 200
Concord, CA 94520
Office: (925) 691-7535
Fax: (925) 691-8462
Parties Represented: Jack and Dorothea Breshears
10. PARTIES: Plaintiff: Michael Lynch
Date of Birth: 1/21/55 (50 years old)
Date of Birth: 3-12-53 (52 years old)
Occupation: San Jose State University Employee
Defendants: Jack and Dorothea Breshears; Marc Edward Seferian
11. FACTS: On 11/24/01, the collision occurred when the left rear tire of the Chevrolet truck that was being towed by Defendant Robert Breshears, disengaged from the truck and collided into a vehicle that was traveling northbound on I-5 in the city of Red Bluff. The collision caused the subject vehicle to lose control over the center median, overturn and slide directly into Plaintiff Michael Lynch's vehicle that was traveling southbound on I-5.
12. CLAIMED INJURIES: Plaintiff Michael Lynch sustained the following injuries: Severe head injury with brain stem contusion and diffuse axonal injury resulting in comatose state, subarachnoid hemorrhages including hemorrhage near brain stem; left skull fracture; multiple facial fractures, including, nasal, ethmoid and left lateral and inferior orbital bone fractures; bilateral pari-orbital ecchymoses and multiple abrasions and lacerations to the upper and lower extremities.
Plaintiff Susan Huang sustained the following injuries: Closed head injury, splenic laceration with cleft separation of the lateral two-thirds of the spleen from the medial one-third of the spleen with hemorrhage, left rib fracture, open wound of the head with contusion of the left occiput and a bruised lung.
13: CLAIMED DAMAGES: Plaintiff Michael Lynch incurred approximately $430,000.00 in medical bills with ongoing medical treatment and bills;
Plaintiff Susan Huang incurred approximately $38,599.00 in medical bills.
14: INSURANCE CARRIER: State Farm Insurance Company
2243 Samaritan Drive
P.O. Box 240001
San Jose, CA 95154
Adjuster: Jason Ramirez
USAA Casualty Insurance Company
P.O. Box 15506
Sacramento, CA 95852
Adjuster: Janet M. Tuminelli
Safeco Insurance Company
P.O. Box 4030
Concord, CA 94524
Adjuster: Lisa Blumm
Allstate Insurance Company
2775 Sanders Road,
Northbrook, IL 60062
15: COMMENTS: Plaintiffs settled for a total of $100,000.00 against driver Robert Duane Breshears' State Farm liability coverage on 10/9/02; Plaintiffs settled for a total of $100,000.00 against their underinsured motorist coverage with USAA on 10/24/02; Plaintiffs settled for a total of $200,000.00 against Marc Edward Seferian's Safeco liability coverage on 5/20/03; Plaintiffs settled for a total of $600,000.00 against Jack and Dorothea Breshears' Allstate liability coverage on 1/7/04;