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CONFIDENTIAL

May 4, 1996

Personal Injury (Non-Vehicular)
Premises Liability
Fall into Unbarricaded Hole

Confidential

Settlement –  $200,000

Judge

Abby Soven

Court

L.A. Superior Central


Attorneys

Plaintiff

Stephen S. Cha


Defendant

Leslie M. Price


Experts

Plaintiff

Gidon R. Vardi Ph.D.
(technical)

In Soo Kim
(medical)

Theodore Vavoulis
(technical)

Defendant

Jack L. Vandernoot
(technical)

Facts

On January 18, 1994, the plaintiff, a 50-year-old handyman, was making repairs to a boiler in the defendant's apartment building. There was no electricity in the boiler room as the Northridge earthquake had occurred the day before and knocked out the power. (Electricity had not yet been restored.) As the plaintiff exited the boiler room, he fell into an unbarricaded 4 foot deep pit which was 6 feet wide. The plaintiff brought this action against the defendant based on negligence and premises liability theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $631,000 which was reduced to $250,000 at the mediation. The defendant made no settlement offers prior to the mediation.

Specials in Evidence

$38,000 $24,000 $5,000 $10,000

Injuries

The plaintiff alleged that he sustained a fractured right hip requiring open reduction and internal fixation as a result of the accident.

Other Information

The settlement was reached approximately one year and two months after the case was filed. A mediation was held on March 4, 1996, before Robert London of J.A.M.S. / Endispute resulting in the reported settlement.


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