Confidential
Settlement – $205,000Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Michael R. Rhames
(Law Offices of Michael R. Rhames PC)
Defendant
Experts
Plaintiff
Theodore B. Goldstein
(medical)
James I. Rosenberg
(medical)
Michael R. Cartwright
(technical)
Defendant
Barry D. Pressman M.D.
(medical)
Keith E. Liberman M.D.
(medical)
Mark S. Adams
(technical)
Facts
On May 14, 1994, at approximately 2:30 a.m., plaintiff, a 42-year-old woman, fell down a 14-step flight of stairs leading to her apartment after she was attacked by a pigeon that suddenly flew out of her second floor landing just as she reached the top of the stairs. The pigeon frightened plaintiff and she recoiled backwards, lost her balance and fell. The apartment building was owned by defendants. The plaintiff and other residents complained to the apartment managers more than six months prior to the accident that the pigeons were "dive bombing" and attacking residents as well as roosting and nesting on the doorsteps of the entrances to their apartments which made it very difficult to enter and exit. The pigeons were very territorial and protective of their nests to the degree that they would aggressively "swoop" and attack approaching tenants when they got too near their nests. Months before the accident, at least one resident reported that she had nearly fallen when a pigeon came swooshing out of the landing to her apartment. The plaintiff alleged that nothing was done by defendants to eradicate the birds prior to the accident. The apartment managers testified that the owners did not want to spend any money to eliminate the birds. However, within weeks after the accident, defendants hired a professional pest company and the birds were eliminated. The plaintiff brought this action against defendants based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $350,000 at the voluntary settlement conference. The defendants offered $150,000.
Injuries
The plaintiff claimed that she suffered severe injuries to her low back, knees, arms and feet caused by "blunt trauma." Post accident x-rays revealed that plaintiff's L4-5 vertebral joint had progressed from a 2 mm "slip" prior to the accident to a 6.5 mm "slip" after the accident. In addition, the stress and strain of her pain and symptoms caused a resurgence of her temporomandibular joint (TMJ) symptoms. As a result of the fall, plaintiff was required to undergo a lumbar laminectomy and fusion with the installation of a plate and screws on Jan. 6, 1995, which, in turn, required significant post-surgical therapy. The plaintiff also contended that because of the injuries and the subsequent surgery, she was unable to perform the long hours that her employment required and she was unable to work at all from the date of the surgery until she was released by her physician in February 1996.
Other Information
The settlement was reached approximately two years and nine months after the case was filed. A mediation was held on Oct. 3, 1997, before Scott Slater Markus, Esq., resulting in the reported settlement.
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