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CONFIDENTIAL

Jul. 15, 2003

Personal Injury
Premises Liability
Slip and Fall

Confidential

Settlement –  $30,000

Judge

Andrew P. Banks

Court

Orange Superior


Attorneys

Plaintiff

Ned P. Reilly


Defendant

Sterling J. Stires


Experts

Plaintiff

David Stolk
(technical)

Ronald E. Glousman
(medical)

Charles E. Turnbow
(technical)

Defendant

Peter J. Zande
(technical)

Bob Janecek
(technical)

Kendall S. Wagner M.D.
(medical)

Kathleen E. Loeffler
(medical)

Laura Fuchs Dolan
(technical)

Facts

The plaintiff, a 67-year-old male passenger on a fishing vessel, alleged that he slipped and fell down some stairs on the vessel on account of suntan oil allegedly being on the steps. The defendant in the subject suit was San Clemente Sportsfishing. The plaintiff was on board the vessel for a half day fishing trip.

Settlement Discussions

The plaintiff submitted a C.C.P. Section 998 demand of $65,000. The defendant offered $20,000 early in the case and increased this to $25,000 just prior to trial (C.C.P. Section 998).

Specials in Evidence

The defendant claimed that the plaintiff alleged loss of earnings of $116,000, which sum the defendant disputed.

Damages

According to the defendant, the plaintiff claimed in excess of $250,000 for pain and suffering.

Injuries

The plaintiff allegedly suffered a full thickness tear rotator cuff injury and bicep tendon amputation resulting in the loss of full function in the right shoulder and right elbow laceration.

Other Information

The case settled for $30,000 within two weeks of trial.


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