Confidential
Settlement – $90,000Facts
On April 15, 2000, the plaintiff, age 39, was a customer at the defendant day spa where she was to receive a
facial and massage. The entrance is on one floor and the massage room is on another floor. After she was given
a massage on the second floor, the plaintiff was led down a flight of 15 stairs in a dimly lit corridor by a
message therapist. The plaintiffÆs foot slipped forward in the thong-style shoe she was wearing. As a result, the
plaintiff fell to the bottom of the stairway.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand for $150,000. The defendant made no offer.
Damages
The plaintiff claimed $34,424 in past medical expenses and $1,000 in lost earnings as her employer set up a home office to aid her in working during her recovery.
Injuries
The plaintiff suffered torn ligaments in her left ankle, as well as a fracture of the right fibula and posterior lip of the distal tibia with an associated avulsion fracture from the medial mallcolus. She was bound to a wheelchair and walker then switched to a cane. The plaintiff underwent a second surgery to remove the screws and plate in her ankle and a subsequent minor surgery. She also suffered a residual infection that was present at the time of the mediation.
Other Information
<M>A mediation was held before Steven Sauer.</M>
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