Facts

Plaintiff Orlando Rodriguez alleged that he tripped on an elevation change in defendants' driveway and his face hit a gate latch on defendants' fence.

DEFENDANT'S CONTENTIONS:
Defendants contended that plaintiff did not trip, rather that he was punched by a third party. The Emergency Room physician's assistant testified that plaintiff told her he was punched, which is supported by the Emergency Room medical records. The operating surgeon also testified plaintiff told her he was punched, which is supported by the surgeon's medical records.

Settlement Discussions

Plaintiff demanded $95,000, while defendants offered $500.

Specials in Evidence

$4,358 $8,832 none none

Injuries

Plaintiff sustained a zygomatic arch (cheekbone) fracture.

Result

Plaintiff accepted defendants' CCP 998 offer of $5,000 on the last court day before trial.

Other Information

FILING DATE: Aug. 10, 2009.