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CONFIDENTIAL

Apr. 12, 1997

Personal Injury (Non-Vehicular)
Premises Liability
Trip and Fall

Confidential

Settlement –  $145,000

Judge

C. Robert Jameson

Court

Orange Superior


Attorneys

Plaintiff

Warren "Chip" Dean Jr.
(Rigg & Dean)


Defendant

Manus J. McGettigan


Experts

Plaintiff

Charles E. Turnbow
(technical)

Defendant

John G. Evans
(Judicate West) (medical)

Facts

On July 15, 1994, the plaintiff wife, a 41-year-old hairdresser, was in the showroom on the lot of the defendant car dealership when she tripped over a low-laying dark-colored chain in a poorly-lit area. The injured woman's husband and their two children were present and observed the accident. The plaintiffs, the injured woman, her husband and their children, brought this action against the car dealership and the owners based on negligence, premises liability and emotional distress theories of recovery.

Settlement Discussions

There were many settlement discussions.

Specials in Evidence

$35,967 $13,000 $7,100

Injuries

The plaintiff wife alleged she suffered a broken nose, a displaced nasal bone, dislocation of upper lateral cartilage, with collapsed nasal valve and obstruction, (requiring surgery), lacerations (requiring stitches in her forehead), and soft-tissue injuries resulting in neck and back pain.

Other Information

The settlement was reached approximately one year and six months after the case was filed. A settlement conference was held before Judge Jameson resulting in the reported settlement.


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