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CONFIDENTIAL

Apr. 22, 2003

Personal Injury
Premises Liability
Slip and Fall

Confidential

Settlement –  $180,000

Court

Marin Superior


Attorneys

Plaintiff

Edwin Train Caldwell


Experts

Plaintiff

Stephen I. Rosen
(technical)

Robert D. Byers
(medical)

Facts

The plaintiff, a 43-year-old manager of a dental office, slipped and fell on a puddle of water at the entrance to the shopping mall. It had been raining for several days prior to the time of the accident.

Settlement Discussions

The case settled at mediation before Dan Kelly.

Specials in Evidence

$75,000 None

Injuries

The plaintiff alleged that she aggravated a pre-existing disc injury at L4-5/S-1 necessitating a diskectomy and fusion. The defendants were able to show that the plaintiff had continuing complaints and even epidural injections shortly before the accident. The plaintiff attempted to show that the aggravation of this pre-existing symptomatic condition was enough to change the plaintiff's lifestyle in terms of what she could and could not do notwithstanding, complaints up to the time of the injury in question.

Other Information

PLEASE PROVIDE THE NAME, TEL AND FAX NO. OF DEFENSE ATTORNEY FROM LEWIS, D'AMATO (FOR VERIFICATION PURPOSES ONLY, NAME AND LAW FIRM TO REMAIN CONFIDENTIAL)


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