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CONFIDENTIAL

Dec. 11, 1993

Personal Injury (Non-Vehicular)
Premises Liability
Trip and Fall

Confidential

Settlement –  $150,000

Judge

Ben T. Kayashima

Court

San Bernardino Superior


Attorneys

Plaintiff

William R. Rawlings


Defendant

Bruce E. Disenhouse
(Disenhouse Law APC)


Experts

Plaintiff

Donald Kurth
(medical)

Joseph R. Mulhern
(technical)

Facts

On February 16, 1990, at approximately 10:00 p.m. as it began to rain, Plaintiff, a 49-year-old general-office clerk, exited a market. She then entered a parking lot owned and managed by Defendant, where she stepped into a hole in the asphalt, twisted her right ankle, and fell to the ground.

Settlement Discussions

Plaintiff contends that her initial demand was $1,300,000 reduced to a 998 demand of $350,000 and Defendants made a 998 offer of $100,000.

Specials in Evidence

$27,842 $214,607

Injuries

Fracture of the right ankle tri-malleolar requiring open reduction internal fixation; subsequent osteomyelitis requiring repetitive surgical intervention.


#112475

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