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Winning Record

$900,000 settlement for facial injuries.

Plaintiff was the wife of the defendant who owned a vintage Austin Martin convertible and was a member of a touring club that held rallies. Plaintiff accompanied her husband on such a rally in the Monterey, California area. During the rally he suddenly lost consciousness and veered off the road and crashed. Plaintiff sustained serious facial injuries when her head hit the windshield and dash area. The car was equipped only with a lap seat belt. Plaintiff contended that the husband was negligent in not telling his wife that some time in the distant past he had suffered from seizures. She had no idea that he had this proclivity or she would not have ridden in such a vehicle with him.

The defense argued that this was an act of God and there was no negligence. The defense also argued that it did not believe that plaintiff was unaware of her husband's medical history.

After extensive depositions and motions, the case settled during mediation.
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