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CONFIDENTIAL

Nov. 27, 1993

Personal Injury (Non-Vehicular)
Premises Liability
Fall Of a Minor From a Forklift

Confidential

Settlement –  $62,000

Judge

John A. Torribio

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Celia Torres


Defendant

Mary Childs
(Yoka & Smith LLP)


Facts

On September 6, 1990, Plaintiff, a 4-year-old boy, was riding along with his minor brother on a pallet attached to front of a forklift at Defendant nursery. Plaintiff's mother was riding next to Defendant's employee, the forklift operator. The minor off and was run over by the forklift.

Settlement Discussions

Defendant contends that they offered $35,000 and Plaintiff demanded $250,000.

Specials in Evidence

$12,025 unknown unknown

Injuries

Laceration from the top of the head to the base of the skull below the ear requiring debridement and reconstruction surgery of the muscles in the back of the head.

Other Information

A prior arbitration by Hon. Francis X. Marnell, retired, resulted in a Plaintiff's award of $62,000; trial de novo by Defendant.


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