Confidential
Settlement – $130,000Court
L.A. Superior Central
Attorneys
Plaintiff
Robert M. Cohen
(ARC Mediation & Arbitration Services)
Marc J. Katzman
(Marc Katzman Law)
Defendant
Experts
Plaintiff
Darrin D. Kulluk
(technical)
Steven N. Brourman
(medical)
Defendant
Neil Paul Ronald Rosenthal M.D.
(medical)
Facts
On a rainy day, February 8, 1993, at approximately 3:30 p.m., Plaintiff was running to his apartment unit located at 1235 W. 94th Street in Los Angeles, when he slipped on a concrete walkway. Plaintiff, a 50-year-old janitor, fell backward, instinctively extending his right arm to break his fall. The momentum of the fall propelled the Plaintiff's right arm through a sliding (untempered) glass door of an apartment unit that faced the walkway.
Settlement Discussions
Plaintiff contends his demand was $125,000 new money (in addition to $5,000 premises medical payment coverage paid) and Defendant made a 998 offer of $50,000. Defendant contends Plaintiff's demand was $325,000 new money.
Specials in Evidence
$6,120 $10,200
Injuries
Lacerations to the ulnar nerve and flexor muscles requiring surgical repair; residual ulnar nerve palsy of the right hand.
Other Information
A prior arbitration by Steven J. Brady resulted in a Plaintiff's award of $85,000; trial de novo by Defendant.
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