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CONFIDENTIAL

Sep. 14, 1996

Personal Injury (Non-Vehicular)
Premises Liability
Slip and Fall

Confidential

Settlement –  $155,000

Judge

Ronald C. Kline

Court

Orange Superior


Attorneys

Plaintiff

Richard A. Solomon


Defendant

- CONFIDENTIAL


Experts

Plaintiff

Steven Riley
(technical)

Michael H. Sukoff
(medical)

Richard H. Andersen
(technical)

Defendant

Stephen A. Weiss
(medical)

Facts

On Feb. 4, 1994, the plaintiff, a 39-year-old school bus driver, attempted to use the defendant gas station's restroom when she discovered there was no toilet paper. She was directed into the service bay by the defendant's employee to ask the manager for toilet paper. She slipped and fell on some grease and oil in the service bay. The plaintiff brought this action against the defendant based on premises liability and negligence theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $200,000. The defendant made a C.C.P. º998 offer of compromise for $45,000.

Specials in Evidence

$34,000 $47,275 $25,000 $25,000

Injuries

The plaintiff alleged that she sustained a herniated disc at C5/C6 requiring surgery, a laminectomy and fusion.

Other Information

The settlement was reached approximately one year and five months after the case was filed. An arbitration was held on Dec. 13, 1995 before Peter Burrows resulting in an award of $185,000 in favor of the plaintiff. The defendant requested a trial de novo.


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