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CONFIDENTIAL

May 28, 2003

Personal Injury
Premises Liability
Fall

Confidential

Settlement –  $28,200

Judge

Cary H. Nishimoto

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Stephen C. Rasak


Defendant

David N. Lyon


Experts

Plaintiff

Christopher P. Johnson
(technical)

Daniel Zinar
(medical)

Taryn Johnson
(technical)

Defendant

Ralph Engdahl
(technical)

Facts

The plaintiff was a tenant in the defendants' multi-unit apartment building. The defendants had purchased the building approximately one year prior to the plaintiff's fall, and had then installed a 13x13 inch glazed ceramic tile surface on the main front entrance staircase for the building. The same tile was used on several steps inside the subterranean garage. It had rained the day before the plaintiff's injury. On Dec. 22, 2001, the plaintiff parked her car at the street curb, and carried several bags of groceries into her apartment, using the main exterior stairway. When she was returning down the stairway, the plaintiff attempted to place her left foot on the second to last stair, and her foot slipped out from under her. She fell forward landing on her left foot.

Settlement Discussions

The plaintiff submitted a demand of $24,999; the defendants offered $8,000. The defendant ultimately had agreed to pay the plaintiff's C.C.P. Section 998 demand, but since the plaintiff had incurred additional expert costs, the plaintiff refused to accept that offer.

Specials in Evidence

$2,998 $1,169

Injuries

Left cuboid avulsion fracture and swelling.


#106675

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