Confidential
Settlement – $1,000,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Geoffrey S. Wells
(Greene, Broillet & Wheeler LLP)
R. Browne Greene
(Greene, Broillet & Wheeler, LLP)
Defendant
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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