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CONFIDENTIAL

Mar. 8, 1997

Personal Injury (Non-Vehicular)
Premises Liability
Dangerous Condition

Confidential

Settlement –  $90,000

Judge

C. Robert Jameson

Court

Orange Superior


Attorneys

Plaintiff

Sam M. Eagle


Defendant

Timothy Joseph Stafford


Experts

Plaintiff

Richard L. Mulvania
(medical)

Defendant

D. Thomas Rogers
(medical)

Facts

On Oct. 13, 1995, the plaintiff, a 43-year-old telephone salesperson, was shopping in the defendant's store when a lamp on a top shelf fell on her head and back. The plaintiff twisted and torqued her body in a manner which reinjured a pre-existing low-back condition. The plaintiff brought this action against the defendant based on premises liability and negligence theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $125,000. The defendant made a C.C.P. º998 offer or compromise for $80,000.

Specials in Evidence

$41,070.84 $9,500

Other Information

The settlement was reached approximately one years and four months after the case was filed. ARBITRATION: An arbitration was held in July 1996 before Ralph I. Callen, Esq. resulting in an award of $80,000. The defendant requested a trial de novo.


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