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CONFIDENTIAL

May 25, 1996

Personal Injury (Non-Vehicular)
Negligence
Dangerous Condition

Confidential

Settlement –  $75,000

Judge

Charles Frisco

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

William D. Harlan


Defendant

Mark A. Weinstein
(Veatch Carlson LLP)


Experts

Plaintiff

Marlyn Osborn
(medical)

Charles Imbus
(medical)

Harold P. Clavin
(medical)

Kenneth Michael Kem-Thomas
(Knapp Petersen & Clarke) (medical)

Defendant

Krishna Reddy
(medical)

William F. Kneeland
(medical)

Facts

On April 8, 1994, the plaintiff, a 5-year old boy, was a student at the defendant pre-school. The defendant pre-school took the class on an outing to a park in the defendant county. A bench at the park was missing a wooden slate and metal was exposed. This condition was observed by the teachers of the defendant pre-school. The defendant pre-school posted one or more teachers near the bench to be certain that no one was injured. However, as the class was leaving the park, the bench was unattended. The plaintiff was injured when he fell into the exposed metal on the bench. The plaintiff brought this action against the defendants, the pre-school, the county and the maintenance company responsible for the park, based on negligence theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $150,000. The defendants made no settlement offers.

Specials in Evidence

$3,100 $5,000

Injuries

The plaintiff contended that he sustained a significant scar over his chin as a result of the accident.

Other Information

The settlement was reached approximately ______ years and ______ months after the case was filed. A settlement conference/arbitration/mediation was held on ___/___/19____ before __________________ (name) of ________________ (affiliation or court) resulting in ________________.


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