Confidential
Settlement – $95,000Judge
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Defendant
Guy R. Gruppie
(Murchison & Cumming LLP)
Experts
Plaintiff
David Reisbord
(medical)
Maurice Levy
(medical)
Gina Ross
(medical)
Defendant
Samuel I. Miles
(medical)
William W. Sutherling
(medical)
Daniel Belove
(medical)
P. Douglas Kiester M.D.
(medical)
Facts
On May 1, 1993, Plaintiff, a 38-year-old Tunisian-born businessman, was utilizing a relaxation and meditation device at a "New Age" exhibit when he allegedly suffered a grand mal seizure. The device, manufactured by Defendant, consists of a tape recorder, headset, and viewing glasses. The person using the device listens to either music or hypnosis tapes while viewing light images.
Settlement Discussions
Plaintiff contends the following: At a voluntary settlement conference before Judge Fratianne in February 1995, Plaintiff demanded $250,000 and Defendants offered $40,000. At 2 subsequent mandatory settlement conferences, Plaintiff's demand was in the range of $125,000 to $150,000 with Defendants indicating they might pay $100,000. Ten days prior to the time of trial, Defendants made a 998 offer to compromise in the amount of $85,001.
Specials in Evidence
$37,000 not disclosed not disclosed $20,000 to $30,000
Injuries
Lacerated tongue; shoulder dislocation; shoulder, neck, and back strain; C5-6 herniation (disputed) requiring possible, future cervical spine surgery; residual loss of memory, confusion, forgetfulness; depression, anxiety, and fear of recurrent seizures requiring psychological care.
Result
$95,000 with Plaintiff responsible for existing medical liens at approximately $25,000.
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