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CONFIDENTIAL

Aug. 12, 1995

Personal Injury (Non-Vehicular)
Premises & Product Liability
Gate Hazard

Confidential

Settlement –  $96,500

Judge

Homer L. Garrott

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Christopher R. Baker

William E. Lloyd


Defendant

Edith R. Matthai
(JAMS)

Janice Mandel


Experts

Plaintiff

Steven Marandola
(medical)

Mark S. Sanders Ph.D.
(technical)

Charles Mullett
(technical)

Defendant

Andrew Meyer
(technical)

David Edson
(technical)

Facts

On August 1, 1990, Plaintiff, a 7-year-old child, was standing on a closed security gate with her left leg through it. The gate opened for no apparent reason. Plaintiff's femur was trapped between the gate and 2 support posts. Defendant building owner had installed the rolling security gate for his tenants in 1986; the gate provided nighttime perimeter security to the carport parking area; it was anchored into concrete block walls. The control box was manufactured by the second Defendant. Defendants fencing manufacturer, installer of the control box and manufacturer of the remote system made early settlements.

Settlement Discussions

Plaintiff contends her demands began at $90,000 from all Defendants (would take less); were increased as costs for trial were incurred; the demand to the box manufacturer increased from $20,000 to $42,500 prior to settlement; and the offer from Defendant manufacturer started at zero and increased in increments to $39,000.

Specials in Evidence

$21,000

Injuries

Fractured femur requiring closed reduction; residual 1cm leg shortening and slight valgus deformity.

Other Information

This case was filed on July 3, 1991; four years and three weeks prior to this result.


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