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CONFIDENTIAL

Nov. 15, 1997

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

Confidential

Settlement –  $85,000

Judge

S. James Otero

Court

L.A. Superior Central


Attorneys

Plaintiff

Michael M. Baranov
(Baranov & Wittenberg LLP)


Defendant

Sean E. Judge
(Judge Mediation)

Andrew J. Morton


Facts

On Feb. 24, 1995, plaintiff, a 54-year-old disabled hairdresser, was leaving his apartment complex. He stopped to help a neighbor roll open the security exit gate. While returning to his vehicle, plaintiff tripped on a depression in the asphalt. The plaintiff brought this action against the defendant apartment complex based on negligence and premises liability theories of recovery. Plaintiff contended that a dangerous condition existed on defendant's property which caused his injuries. Defendant contended the condition was not unreasonably dangerous and was apparent and known to plaintiff. Defendant further contended that plaintiff's medical treatment was grossly excessive.

Settlement Discussions

Per defendant, the plaintiff made a settlement demand for $125,000. The defendant made a pretrial offer of $70,000.

Specials in Evidence

$50,000 (plus). Plaintiff reports that defendant claimed no more than $10,000 was related to the accident. $ _______ $ _______ $ _______

Injuries

The plaintiff claimed he suffered back and neck injuries with continuous back pain, requiring epidural nerve blocks and extensive pain management treatment.

Other Information

The settlement was reached approximately one year and nine months after the case was filed. A mediation was held before David Hayen resulting in no settlement. A settlement conference was held on Oct. 30, 1997, before the Hon. James Otero resulting in the reported settlement.


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