Confidential
Settlement – $480,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Facts
On April 3, 1993, Plaintiff, a 30-year-old employed, illegal alien, was working on his Camaro with his brother in an underground parking lot, in an apartment building owned by Defendant. The brothers were new tenants to the building. The manager of the apartment building and the janitor came home at approximately 11 p.m. after drinking beer at the home of a friend. The manager requested Plaintiff to move his car; the manager then went to his apartment, and the janitor remained with Plaintiff and his brother. Plaintiff and the janitor began arguing and a fight ensued. The janitor allegedly pulled out a gun and pistol-whipped Plaintiff's brother; he then shot Plaintiff in the face. The janitor fled and has not been apprehended.
Settlement Discussions
Plaintiff contends they made a 998 demand in the amount of $480,000 ($475,000 to Plaintiff and $5,000 to Plaintiff's brother several months before trial and Defendant accepted. Defendant contends Plaintiff made a 998 demand in the amount of $475,000 for Plaintiff and $5,000 for Plaintiff's brother) which they accepted.
Specials in Evidence
$111,403 (per Plaintiff) $126,649 (per Defendant) not claimed
Injuries
Multiple facial and nasal fractures requiring reconstructive surgery; 75 percent reduction in vision to right eye; diminished visual acuity in left eye. (Plaintiff's brother was not hospitalized.)
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