Confidential
Settlement – $190,000Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Facts
In 2001, Shirley Culbertson, 58, attended a carnival at the Tehama District Fairgrounds with her husband and her 9-year-old granddaughter. Prior to assembly of the carnival, Tehama employees covered up sprinkler heads with 18-inch disc blades in the area of the fairgrounds where the carnival would be held. While walking through the carnival, Culbertson's left foot struck an uncovered sprinkler head causing her to fall. Culbertson landed on her left knee. Culbertson and her family left the fairgrounds, but called the Tehama District Fair office to report the incident. The Culbertsons were told to return and fill out an accident report, which they did. Culbertson sued Tehama District Fair; Midway of Fun Inc., the operator of fairgrounds; and California Carnival Co., Midway's predecessor company. Culbertson alleged causes of action for negligence and premises liability. Tehama District Fair was dismissed because the Culbertsons had not filed a notice of claim until 11 months after the accident. Ernest Culbertson, the plaintiff's husband, filed a claim for loss of consortium.
Settlement Discussions
The plaintiff demanded $249,999 (final C.C.P. Section 998). The defendants offered $125,000 for the plaintiff and $5,000 for the plaintiff's husband (final C.C.P. Section 998).
Specials in Evidence
$64,081; $7,500 balance billing
Damages
The plaintiff's husband filed a claim for loss of consortium.
Injuries
The plaintiff suffered pain and swelling in her knee. Although no fractures were found, an MRI revealed a tear of the left medial meniscus. The plaintiff underwent arthroscopic surgery in 2002. The surgery failed to resolve the pain. The plaintiff then underwent an unicompartmental partial left knee replacement. She began to complain of pain in her right knee at that time. In 2004, an MRI revealed a tear of the right medial meniscus. A right knee arthroscopy failed to relieve the plaintiff of pain. That same year, the plaintiff underwent a right full-knee arthroplasty which relieved the pain and swelling in the right knee.
Result
The case was settled on the first day of trial for $190,000.
Other Information
On the first day of trial, the parties settled for $190,000. The majority of the amount was for the plaintiff's pain and suffering. Midway of Fun paid the entire settlement amount. The plaintiff's medical insurer decided not to collect for the second surgery, which was unrelated to the accident. It also reduced the lien on the first surgery to $22,095.
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