Facts

On Jan. 2, 2005 at approximately 12:30 a.m., Paul Hahm's wife called plaintiff Aliza Kim, a 67-year-old retiree, and her husband to tell them that Hahm was drunk, passed out on their front lawn and she needed their help getting him inside. The plaintiff and her husband went to Hahm's house and attempted to bring him inside. As they were bringing Hahm through the door, he tried to free himself from their grasp and in doing so, caused himself and plaintiff to lose their balance.

As a result, plaintiff fell to the floor and Hahm landed on top of her. The plaintiff sued Hahm for premises liability and her husband sought recovery for negligent infliction of emotional distress and loss of consortium.

Hahm conceded liability.

Injuries

The plaintiff was diagnosed with a nondisplaced series of insufficiency fractures to her hip at the left sacral ala and the right and left superior and inferior pubic rami. The plaintiff was required to keep her weight off her injuries for eight weeks and did so, but still felt pain afterwards. As a result, the plaintiff visited 14 specialists and an orthopedic surgeon who concluded she had an unstable pubic synthesis. Accordingly, the plaintiff underwent surgery for fusion of the symphysis publis with a double plating technique. The surgery relieved plaintiff's pubic pains but caused her to experience pain in her lower back.

Result

The parties underwent two unsuccessful mediations before they settled for $350,000. At the second mediation, the plaintiff was willing to settle for $335,00 but defendants expressed an unwillingness to go above $300,000. At the third mediation, the parties agreed to settle for $335,000, since that price would be the same as a $400,000 verdict due to Hanif reductions.