Confidential
Settlement – $30,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
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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