Confidential
Settlement – $550,000Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Scott J. Corwin
(Scott J. Corwin APLC)
Defendant
Dennis K. Wheeler
(Koeller, Nebeker, Carlson & Haluck)
David J. O'Keefe
(Bonne Bridges Mueller O'Keefe & Nichols)
Experts
Defendant
Robert M. Wilson M.D.
(medical)
Facts
On May 9, 2002, the plaintiff, a 58-year-old hotel worker, was walking down a flight of stairs located at the defendant church's premises while attending a night computer class put on by the LAUSD, when she tripped and fell on the second to last step before the landing. The classes were attended mostly by elderly and retired persons. The plaintiff discovered that another student had tripped and fallen on the same staircase and on the very same step at the same time of night approximately two and a half month's earlier. That prior victim had made an incident report at that time, however, neither the defendant church, nor the defendant school had taken any precautionary or remedial measures between the time that the first victim and the plaintiff were injured. During discovery, the plaintiff learned that an employee of the defendant school had also fallen several months prior to the plaintiff's fall. The plaintiff had been on disability previously for a prior slip and fall at work about two years earlier in which she injured her knee. The plaintiff had just gotten off disability and was attending the night computer class in order to enhance her skills so she could return to the job market, having been laid off her job about three months prior to the subject fall.
Settlement Discussions
The plaintiff initially demanded $850,000. Both defendants argued between themselves as to their proportionate share of responsibility. At mediation before retired Judge Russel Bostrom, the plaintiff lowered her demand to $650,000 with an indication that she would accept $500,000. The defendants made a combined offer of $100,000 at mediation which was increased a few months later to $235,000. Discovery proceeded with the deposition of approximately 15 witnesses who were employees of both the school and church. During discovery, the third fall was discovered (although not previously disclosed in written discovery) and there was substantial inconsistent testimony between all of the witnesses. Approximately three weeks before trial, the church settled for $300,000. Three days before trial, the school settled for $250,000, making the plaintiff's total settlement $550,000.
Specials in Evidence
$46,514 $30,330 $0 $43,000
Injuries
The plaintiff sustained a left trimalleolar ankle fracture for which she underwent open reduction and internal fixation surgery. The plaintiff also sustained a right bimalleolar ankle fracture for which she underwent closed reduction and casting. The plaintiff may also require a left ankle arthrodesis in the future.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390