Confidential
Settlement – $50,000Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
J. Gordon McComb
(medical)
Leah Ellenberg Ph.D.
(medical)
Jay William Preston
(technical)
Facts
On April 12, 1988, Plaintiff, 20-month-old minor and a resident of Defendant's apartment building in Canoga Park, fell through the second floor balcony safety railing. Widths between pickets of railing were alleged to be 7-to-8 inches. The father of minor was in close proximity when accident happened, conversing with neighbor. The apartment building had numerous families with small children, but no facts indicated prior problems with the railing.
Settlement Discussions
Plaintiff contends their demand was $75,000 at the MSC and Defendant offered $20,000.
Specials in Evidence
$25,000
Injuries
Plaintiff minor suffered a severe bifrontal parietal non-depressed skull fracture (commonly referred to as an "egg-shell " type fracture) and frontal hematoma; Plaintiff went into seizure, was administered phenobarbital and mannitol to prevent seizures; ventriculostomy was performed to relieve cranial pressure; Plaintiff was release one week post admission; Plaintiff is presently in the second grade with average to below average skills.
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