Confidential
Settlement – $95,000Court
Ventura Superior
Attorneys
Plaintiff
Jeffrey A. Milman
(Hodes Milman Ikuta LLP)
Defendant
Ann Catherine Hall
(Diederich & Associates)
Experts
Plaintiff
Philip Conwiser
(medical)
Wes Pabst
(technical)
Defendant
Stuart Kushner
(medical)
Alan Keith K. Miller
(technical)
Facts
On Oct. 11, 1994, the plaintiff, a 41-year-old systems analyst, was walking on the defendant hotel's grounds when he fell from an unlit grass area, which was part of the defendant hotel, unto concrete pedestrian/bike path several feet below lawn. Path was owned and maintained by the defendant city. It was dark and lights were inoperable. Lights had not worked since 1990 due to dispute between hotel and city as to responsibilities. The plaintiff brought this action against the defendants, the hotel and the city, based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $150,000. The defendant made a C.C.P. º998 offer of compromise for $30,000.
Specials in Evidence
$26,200 $____________ $____________
Injuries
The plaintiff alleged he sustained a fracture to non-dominant left distal radius at wrist joint, treated by external closed reduction, no future surgeries, traumatic arthritis and limited range of motion.
Other Information
The settlement was reached approximately ten months after the case was filed.
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