Report of Settlement - Motor Vehicle Accident  

Date of Death: September 10, 2004

Injuries: Injury and death to Danny Perez and lost future wages; loss of spousal consortium to Paula Perez; and loss of parental consortium to Matthew Perez.

Medical Expenses: Medical and burial expenses were $86,000.

Settlement: $1,150,000.00 (Total)
    $1,000,000 (policy limits – Interstate Logistic Services/Brewer),
    $   100,000 (policy limits – Allstate UIM). 
    $     50,000 (policy limits-UniCare, Accidental Death policy).
   The net proceeds were divided between the surviving wife and son, with an annuity set up for the son’s college expenses.

Report Submitted By: Ron Perey, Thomas V. Harris and Doug Weinmaster 

Facts:
Danny Perez, a 55 year old man, was severely injured in a motor vehicle collision that occurred on August 30, 2004, in Spokane, Washington at the intersection of SR 395 and Wandermere Road. As Danny drove his 1995 Thunderbird into the intersection on a green arrow, Robert Brewer ran a red light on SR 395 and collided with the driver’s side door of Danny’s car.  Mr. Brewer, an independent contractor, was driving an F250 pickup that was owned and operated by Interstate Logistics Services, Inc.  He was pulling a trailer for that company at the time of the accident. Danny was severely injured and subsequently died on September 10, 2004 of respiratory failure.  Prior to his death, Danny was treated at Sacred Heart Medical Center, St. Luke’s Rehabilitation Institute, and Deaconess Medical Center in Spokane.

Danny was survived by his wife Paula (age 55) and his son Matthew (age 15).  Danny was a decorated member of the U.S. Marines and had worked as an office equipment sales representative for the 5 years after his discharge from the Marine Corp.  A claim was brought by the Estate of Danny Perez and settled for a total of $1,150,000 prior to filing suit.  The settlement proceeds were divided between Danny’s wife and son.
 
Admitted Liability:  No. Liability contested.

Summary Judgment: N/A (pre-suit settlement).

County:  Spokane County

Trial Judge: N/A (pre-suit settlement).

Plaintiffs: Estate of Danny Perez, Paula Perez (spouse), Matthew (child).

Defendants: Interstate Logistic Service, Inc. and Robert Brewer.

Trial date: N/A (pre-suit settlement) - $1,150,000

Date of Settlement: March 17, 2005

Plaintiffs’ Attorneys: Ron Perey and Doug Weinmaster

Defendants’ Attorneys: David L. Hennings, Wilson, Smith, Cochran Dickerson, Seattle, WA, (for defendants Interstate Logistics, and Brewer).
 Patrick McMahon, Wenatchee, WA, (for Allstate Insurance UIM).
 Walter Morris, Boston, MA (for UniCare Life, AD&D policy).

Plaintiffs’ Experts: Not disclosed.

Defendants’ Experts: Not disclosed.

Mediators:  None.

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