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CONFIDENTIAL

Jan. 18, 1997

Bailment
Negligence

Confidential

Settlement –  $30,000

Judge

Stephen V. Wilson

Court

USDC Central


Attorneys

Plaintiff

Maurice J. Attie


Defendant

Steven J. Plas

Irving M. Gross
(retired)


Facts

In 1993, the plaintiff, a professional photographer, entered into a contract with the defendant advertsing agency to create a photographic body of work of a professional golfer. The advertising agency intended to use the pictures for commercial/advertising of the defendant golf products manufacturer, its client. Thereafter, the golf products manufacturer's account was taken over by a competitor agency. At the same time, 141 of the plaintiff's original color transparencies were misplaced by one or more of the defendants. The plaintiff brought this action against the advertising agencies and the golf products manufacturers based on breach of contract, negligence and common counts theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $115,000. The defendants made a settlement offer of $20,000 before the mediation.

Other Information

MEDIATION: A mediation was held on Dec. 9, 1996 before Paul Fisher resulting in the reported settlement.


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