Confidential
Settlement – $435,000Mediator
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Michael R. Rhames
(Law Offices of Michael R. Rhames PC)
Defendant
Experts
Plaintiff
Robert G. Watkins
(medical)
Alex J. Balian MBA
(technical)
J. Patrick Johnson
(medical)
Defendant
Neil Paul Rosenthal
(medical)
Facts
On March 16, 1995, at approximately 7:15 p.m., plaintiff Pamela Katz, a 40-year-old homemaker and mother of two, married to co-plaintiff Mark Katz, was shopping with her husband at the Vons Supermarket in Agoura Hills. After the plaintiffs had purchased their groceries, and they were exiting the check stand, plaintiff Pamela Katz suddenly slipped on a pool of water and a small leaf of lettuce on the floor where the box person normally stands, falling onto her knees. The plaintiffs reported the incident and then went home. Later that evening, Mark Katz took his wife to the emergency room because of continuing pain. As a result of her slip and fall, Pamela Katz fractured her previously fused L5-S1 joint, in addition to fracturing a restraining screw at that level. She required two surgeries after the accident to repair the damage with suboptimal results. The plaintiffs brought this action against the defendants based on negligence, premises liability and loss of consortium theories of recovery.
Settlement Discussions
Plaintiff Pamela Katz made a C.C.P. º998 settlement demand for $718,312.38. Plaintiff Mark Katz made a settlement demand of $66,000. The defedant made a C.C.P. º998 offer of $125,000 (package).
Specials in Evidence
$499,593.04 unknown
Injuries
Plaintiff Pamela Katz fractured her previously fused and screwed lumbar spine, in addition to suffering soft-tissue injuries to her knees. Two subsequent surgeries were unable to eliminate her constant pain. No further surgical options were advised.
Other Information
A mediation was held on Aug. 5, 1997 before Jeffrey Krivis of resulting in the reported settlement.
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