Facts

On July 18, 2006, Joyce Palega visited a restaurant called PJ's Tavern. She pulled a chair forward, which caused her finger to become caught between the chair seat and its metal frame. Consequently, Palega sued PJ's for negligent maintenance and repair. PJ's filed a cross complainant against Danilo Fabbri, who originally bought the chairs in 2001.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that PJ's should have properly attached the chair to the frame.

DEFENDANT'S CONTENTIONS:
Defendant disputed the nature and extent of plaintiff's injury. Plaintiff's complaints of continued hypersensitivity, stiffness and pain were unusual for the type of injury suffered by plaintiff.

In addition, defendant contended that plaintiff's claim for lost wages lacks merit. Plaintiff failed to provide any documents to support her claim for lost wages. Plaintiff alleged that prior to the subject incident, she was the co-owner of a children's clothing store with her daughter and paid herself $2,400 per month. Plaintiff was unable to provide any documentary evidence to support the contention that she paid herself $600 per week. Moreover, plaintiff refused to and/or was unable to provide tax returns to support her claim.

Settlement Discussions

Plaintiff demanded $1 million at the first mediation. At the second mediation, plaintiffs dropped their demand from $750,000 to $350,000. Defendant offered $225,000. Following mediation, Defendant served a C.C.P. section 998 in the same amount. Ultimately, plaintiff served a C.C.P. section 998 in the amount of $250,000. Following the exchange of C.C.P. section 998 offers, plaintiff underwent a nerve root injection and consulted with Dr. Michael Rowbotham who recommended further surgical intervention.

Specials in Evidence

Plaintiff underwent multiple surgeries and occupational therapy. Plaintiff incurred approx. $70,000 in medical expenses and further surgery was contemplated.

Injuries

Due to the accident, Palega's finger was severed, and her fingertip was amputated. She also underwent a skin graft. Palega's husband claimed loss of consortium.

Result

The parties settled for $250,000.

Other Information

INSURER: Evanston Insurance Co. insured PJ's Tavern.