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CONFIDENTIAL

Sep. 28, 1996

Personal Injury (Non-Vehicular)
Premises Liability
Negligent Security

Confidential

Settlement –  $71,000

Court

Confidential


Attorneys

Plaintiff

John L. Messina


Defendant

Troy Greenfield


Experts

Plaintiff

Rostom Rivera
(medical)

Steven Teeny
(medical)

Robert V. Wills
(medical)

Facts

On Sept. 5, 1993, the plaintiff, a student 21-year-old student, attended the Neil Young, Pearl Jam, Blind Melon Concert at the amphitheather in George, Wash. He sat in the general admission section which was separated from the preferred general admission section by a chain-link barrier held together with movable "feet." When Pearl Jam began to play, the general admission crowd surged forward and knocked down sections of the barrier. The plaintiff attempted to hold his ground and fight his way out of the crowd, but was caught in the crowd and trampled. His leg became caught in the barrier and was broken. The plaintiff brought this claim against the arena owner and concert promoter based on premises liability and negligence theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $250,000, prior to mediation. The defendants made no settlement offers prior to mediation.

Specials in Evidence

$23,000

Injuries

The plaintiff alleged he sustained a fractured left tibia and fibula requiring several surgeries to correct the fracture and to correct malunion of fracture and to remove hardware.

Other Information

The settlement was reached prior to a case being filed. The case not settled at mediation, but through negotiations shortly thereafter.


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