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CONFIDENTIAL

Oct. 7, 1995

Personal Injury (Non-Vehicular)
Employee Negligence

Confidential

Settlement –  $1,000,000

Judge

Florence-Marie Cooper

Court

L.A. Superior Central


Attorneys

Plaintiff

Geoffrey S. Wells
(Greene, Broillet & Wheeler LLP)

R. Browne Greene
(Greene, Broillet & Wheeler, LLP)


Defendant

John B. Furay


Experts

Plaintiff

Sheldon L. Spector
(medical)

J. Philip Kistler
(medical)

Peter Formuzis Ph.D.
(technical)

Defendant

Sheldon E. Jordan
(medical)

Gilbert Kuhn
(medical)

Robert M. Gromis
(medical)

Stephen L.G. Rothman M.D.
(medical)

Facts

On May 25, 1993, Plaintiff, a 30-year-old physical therapist, dined at Defendant restaurant in West Hollywood. Plaintiff informed the waitress that she was severely allergic to nuts and nut products; she then ordered dinner and dessert. Prior to consuming dessert, Plaintiff was assured that there were no nuts or nut products in the dessert. Within 15 minutes of consuming the dessert, Plaintiff felt an allergic reaction coming on. She self-injected medication to counteract anaphylaxis. Nonetheless, Plaintiff became violently ill and subsequently had a stroke with a 48-hour period.

Settlement Discussions

Plaintiff contends she made a 998 demand of $1,000,000 and Defendant offered $1,000,000.

Specials in Evidence

not disclosed $1,200,000 not disclosed not disclosed

Injuries

Severe allergic reaction to ingesting nuts or nut products requiring immediate self-injection of anti-anaphylaxis medication and emergent care; subsequent cerebral hemorrhage/stroke resulting in permanent brain injury with some higher cognitive impairments. Plaintiff claimed permanent disability.


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