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CONFIDENTIAL

Sep. 14, 1996

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

Confidential

Settlement –  $25,500

Judge

William L. Peck

William L. Peck

Court

Ventura Superior


Attorneys

Plaintiff

James T. Studer

James T. Studer


Defendant

Tony Kim

Tony Kim

Peter A. Mittenthal

Peter A. Mittenthal


Experts

Plaintiff

Sidney Plotkin
(technical)

Sidney Plotkin
(technical)

Facts

On April 4, 1994, the plaintiff, a 49-year-old waitress, was working in the course and scope of her employment for the defendant restaurant, which had no workers' compensation insurance, when she slipped and fell on tile flooring near the rear door of the kitchen. It was a rainy day and the rear door had been left open. The plaintiff brought this action against the defendants based on premises liability and negligence theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $130,916. The defendants made a no initial settlement offers.

Specials in Evidence

$38,846 $21,000

Injuries

The plaintiff alleged she sustained a fractured wrist, 5 mm disc herniations at L4-L5 and L5-S1 and a detached retina.

Other Information

The settlement was reached approximately one year and four months after the case was filed. ARBITRATION: An arbitration was held on Feb. 14, 1996, before Mark Borrell, Esq. resulting in an award of $130,916 to the plaintiff against the defendant restaurant only.


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