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CONFIDENTIAL

Dec. 24, 1993

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

Confidential

Settlement –  $75,000

Judge

Ben T. Kayashima

Court

San Bernardino Superior


Attorneys

Plaintiff

Robert B. Greenberg


Experts

Plaintiff

Catilino Viscarra
(medical)

Defendant

Michael F. Callaghan
(medical)

Facts

On May 26, 1991, Plaintiff, a 56-year-old medical secretary, tripped and fell in a hole in the parking lot adjacent to Defendant's store. Plaintiff, who had been disabled from arthritis, was parked in a handicapped spot and was walking around her car to get into the car when the accident occurred.

Settlement Discussions

Plaintiff contends they demanded $72,000 and Defendants offered $35,000 and then $50,000.

Specials in Evidence

$3,640 $8,455

Injuries

Spiral fracture of the left humerus requiring closed reduction and physical therapy.

Other Information

A prior arbitration by Charles Doskow resulted in a Plaintiff's award of $92,000; trial de novo by Defendant.


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