1. DOCKET NO.: CV792439
2. COURT/BRANCH: SUPERIOR COURT OF CALIFORNIA -COUNTY OF SANTA CLARA
3. CASE NAME: Randall J. Rodriguez vs. Binh Thai Huynh, et al.
4. TRIAL TYPE: N/A
5. JUDGE N/A
6. SETTLEMENT DATE: January 22, 2002
7. TYPE OF CASE: Auto Accident – Personal Injury
8. SETTLEMENT AMOUNT:
A. Plaintiff: Omar I. Habbas, Esq.
Habbas, Amendola & Nasseri
675 N. First Street, Suite 100
San Jose, CA 95112
Party Represented: Randall Rodriguez
B. Defense: Jeffrey M. Vucinich, Esq.
Clapp, Moroney, Bellagamba
111 West St. John St., #1100
San Jose, CA 95115
Office: (408) 275-9001
Fax: (408) 286-8003
Parties Represented: Binh Thai Huynh and
Plaintiff: Randall Rodriguez
Date of Birth: 8/23/60 (41 years old)
Occupation: Union Laborer – HVAC
Defendants: Binh Thai Huynh and
11. FACTS: On 9/10/99 at approximately 4:20 p.m. plaintiff was involved in a collision on US-101 in the City of San Jose, CA. The collision occurred when the defendant, Binh Thai Huynh, lost control of his vehicle, entered into the number two lane of traffic and collided into the plaintiff' vehicle.
Defendants have disputed liability, and furthermore asserted that the defendant, Binh Thai Huynh was not in the course and scope of his employment.
12. CLAIMED INJURIES: Plaintiff, who was 39 years of age at the time of the collision, sustained a herniated disc at the C5-6 level on the left side, a herniated disc at the C6-7 level on the right side and cervical radiculopathy, necessitating anterior cervical discectomies and fusions at C5-6 and C6-7.
Mr. Rodriguez was precluded from returning to his prior occupation and will require job retraining in another field that accounts for his limitations and restrictions.
13: CLAIMED DAMAGES: Plaintiff incurred approximately $152,208.60 in medical bills. Loss of earnings is disputed.
14:INSURANCE CARRIER: Universal Underwriters Group
P.O. Box 519
San Bruno, CA 94066
Adjuster: Barbara Hammell
15: COMMENTS: Settled for $800,000.00 in mediation.