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CONFIDENTIAL

Mar. 1, 2001

Personal Injury (Non-Vehicular)
Premises Liability
Trip and Fall

Confidential

Settlement –  $750,000

Court

Case Not Filed


Attorneys

Plaintiff

Jerome M. Wagner

Michael Goodheart


Defendant

Randall Y.S. Chung

James Monma

Milton Tani


Experts

Plaintiff

Samuel Kremen
(medical)

Deborah Hyde
(medical)

Defendant

Hideo Itabashi
(medical)

Kenneth Nakano
(medical)

Facts

On Nov. 6, 1995, the decedent was leaving the Ala Moana shopping center when she tripped and fell on a raised
portion of a water-filled pothole in the asphalt parking lot, which was approximately seven feet from the curb.
She allegedly struck the right side of her head and was taken by ambulance for emergency care, including a CT
scan, which was negative for intracranial hemorrhage.
On Dec. 27, 1995, 51 days after this accident, the decedent underwent an MRI, which revealed a subdural
hematoma. On Jan. 4, 1996, the decedent had surgery for evacuation of the subdural hematoma. A second
surgery was performed on Jan. 18, 1996 for recurrent bleeding of the subdural hematoma.
On Feb. 5, 1996 - 91 days after the injury, the decedent went into a coma and died.

Settlement Discussions

The defendants initially offered $50,000. After an arbitration in front of Michael Deaver, Esq., plaintiffs were awarded $787,000, less 20 percent comparative fault attributed to the decedent. After the arbitration, the defendants indicated they might be willing to consider for $200,000 to $225,000. The case was finally settled after a mediation with James Duffy Jr., who created a high-low of $250,000, $500,000 or $750,000, depending upon the opinion of an agreed forensic pathologist, Jan Leetsma, M.D., of Chicago.

Other Information

PLEASE PROVIDE THE ADDRESS, TEL & FAX NUMBER OF DEFENDANT ATTORNEYS, RANDALL CHUNG, MILTON TANI, JAMES MONMA. ARE THEY CONFIDENTIAL?


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