Confidential
Settlement – $85,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Michael M. Baranov
(Baranov & Wittenberg LLP)
Defendant
Sean E. Judge
(Judge Mediation)
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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