Confidential
Settlement – $97,500Court
Riverside Superior
Attorneys
Plaintiff
Alan K. Nicolette
(Nordstrom Steele Nicolette and Blythe)
Defendant
Kurt A. Schlichter
(Schlichter & Shonack LLP)
Facts
On July 1, 1999, the plaintiff, a 70-year-old retiree, was a customer in the defendantÆs store. He sat on a
secretary-type chair to try it out for his home computer station. The chair become disassembled, the seat broke
away from the base causing the plaintiff to fall to the floor.
Settlement Discussions
The plaintiff demanded $225,000. The defendant initially offered $39,500.
Specials in Evidence
$18,181
Injuries
The plaintiff suffered partial thickness tear of two tendons in his right shoulder requiring surgery.
Other Information
The case was settled at a second mediation before C. David Serena of Judicate West, resulting in the reported settlement. The defendant is currently determining whether it will pursue a claim against the manufacturer of the chair for derivative liability.
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