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CONFIDENTIAL

Feb. 1, 1997

Personal Injury (Non-Vehicular)
Assault and Battery
Negligent Supervision

Confidential

Settlement –  $35,000

Court

Ventura Superior


Attorneys

Plaintiff

William J. Weilbacher Jr.


Defendant

Jack J. Tannenbaum


Facts

On March 18, 1995, the plaintiff, a 25-year-old college student, was injured when the defendant nightclub bouncer ejected the plaintiff from the premises. The plaintiff claimed he broke his ankle as a result of the incident. The plaintiff brought this action against the defendants, the nightclub and the bouncer, based on negligence, battery and negligent supervision theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $49,999. The defendants made settlement offers ranging from $0 to $35,000.

Specials in Evidence

$7,900

Injuries

The plaintiff alleged that he suffered an ankle fracture resulting in arthroscopic surgery.

Other Information

The settlement was reached approximately one year after the case was filed. ARBITRATION: An arbitration was held on April 2, 1996 before John F. Kennett resulting in an award of $45,000 (gross); $27,000 (net -- with 40 percent comparative negligence). Both parties requested a trial de novo.


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