Confidential
Settlement – $310,000Judge
Court
L.A. Superior Lancaster
Attorneys
Plaintiff
Robert Alan Sheinbein
(Robert A. Sheinbein, Attorney at Law)
Defendant
Katherine B. Pene
(Briskin, Lang & Pene APC)
Experts
Plaintiff
Selvyn Bleifer
(medical)
Lawrence J. Richman J.D.
(medical)
Jacob E. Tauber M.D.
(medical)
Kenneth A. Solomon
(technical)
Charles E. Law
(medical)
Alex J. Balian MBA
(technical)
Defendant
Cynthia Lynn Chabay M.D.
(medical)
Robert L. Sampson
(medical)
Ned Wolfe M.E.
(technical)
Facts
On Feb. 24, 1996, the plaintiff, a 74-year-old man, was injured when he trippped and fell in the loading zone in front of the defendant's store. The plaintiff claimed he fell on pallet wrap bands that were improperly left by the defendant store employees. The pallet wrap band was attached to a pallet being loaded into a customer's vehicle at the time of the incident. The fall was witnessed by the defendant's employees, who saw him fall, but not trip. The plaintiff was taken from the scene by an ambulance. The plaintiff brought this action against the defendants based on a negligence and premises liability theory of recovery.
Settlement Discussions
The plaintiff initially made a settlement demand of $800,000 (per the defendant). On Jan. 29, 1997, the defendant made a C.C.P. º998 offer of compromise for $100,000, which expired without acceptance. On Feb. 3, 1997, the plaintiff made a C.C.P. º998 settlement demand for $499,950, which was not accepted. On Feb. 14, 1997, the defendant made a C.C.P. º998 settlement offer of compromise for $200,000, which was not accepted.
Specials in Evidence
$43,100 $97,000
Damages
The plaintiff claimed additional damages of $250 for mileage and parking.
Injuries
The plaintiff claimed that he sustained a fracture of the left patella, a cerebral concussion, a cervical radiculopathy, ulnar and median nerve entrapment, a lumbar radiculopathy, and shoulder pain. The plaintiff also claimed to have undergone an open reduction with internal fixation to treat the fracture of the left patella, and has been recommended to undergo a total knee replacement. The plaintiff also claims that it has been recommended that he undergo a lumbar laminectomy, bilateral carpal tunnel decompression, and cubital tunnel decompression, but would be unable to do so due to his pre-existing medical conditions. The plaintiff claimed that he suffered pain and emotional distress, and has had to cease work and social activities.
Other Information
The settlement was reached approximately seven months after the case was filed. A mandatory settlement conference was held on Jan. 21, 1997 before Ross W. Amspoker. It did not resolve the matter. A voluntary settlement conference was held on Feb. 28, 1997 before Judge Louis Greenblott.The matter was resolved four days later between the parties themselves.
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