Confidential

Facts

Plaintiff Clifford Zigmont tripped and fell on defendant The Valley Club's premises. The plaintiff alleged that his fall was due to conditions caused by the defendant's violations of the Americans with Disabilities Act and Unrhue Act. The plaintiff injured his right hip when he fell incurring substantial medical expenses claimed to be over $216,000 including several surgeries and hospitalizations.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendants failed to maintain the required aisle width as required by the ADA. The plaintiff was within the class of protected individuals under the ADA and Unrhue Act. The failure to maintain the aisle width as mandated by the ADA created a dangerous condition at the subject premises. The plaintiff contended that tenant, owners, and leasing agents were jointly responsible for compliance with the ADA and Unrhue Act and that any attempts to contract away responsibility for ADA compliance was ineffective as against the plaintiff.

DEFENDANTS' CONTENTIONS:
The defendants contended that the plaintiff did not exercise reasonable caution for a person with a handicap and contributed to his own injuries. The defendants contended that only the tenant is responsible to the plaintiff and not the owners of the property since the owners did not have control over the interior of the premises where the plaintiff fell.

Settlement Discussions

The defendants offered $250,000. The plaintiff made a Section 998 demand of $1.5 million.