Confidential
Settlement – $315,000Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Experts
Plaintiff
Robert W. Crommelin
(technical)
Marcia Hanak
(medical)
Margo Rich Ogus Ph.D.
(technical)
Tim Gust
(medical)
Gilbert Kucera
(medical)
Harvey Cohen
(technical)
Wells Hoeltje
(technical)
James W. Breakey
(medical)
H. Harvey H. Cohen
(technical)
Defendant
Lanceford Chong
(medical)
Richard N. Stuart
(technical)
Dennis P. Govan
(technical)
Dilip Nandwana
(technical)
Peter D. Costigan
(technical)
Blair Boyer
(technical)
David N. Schmidt
(technical)
Facts
On November 18, 1992, Plaintiff, a 71-year-old real estate appraiser and photographer, went to Defendant hospital to get a routine flu shot. Her doctor's office was located on the subterranean floor of the hospital's southwest building. After receiving her flu shot, she exited the hospital and began ascending a stairwell that led up to parking lot C. Due to its closeness to the radiation therapy unit, this parking lot, with designated spaces for "patient parking only," was frequently used by patients who had undergone radiation treatment. At the top of the stairwell, there was a landing approximately 45 inches long. The southern side of the landing abutted the parking lot. The bottom edge of the landing was painted red. The red paint along the edge, or curb, continued to the left and to the right of the landing for approximately 6.5 feet in each direction. Automobiles were not permitted to park along the curb immediately to the left and right of the landing. When Plaintiff reached the stairwell landing, the rear of Defendant driver's automobile struck her and her left leg was crushed by the vehicle's rear bumper against the stairwell wall. (This driver is now deceased.)
Settlement Discussions
Plaintiff contends her demand was $400,000 and Defendants offered $100,000.
Specials in Evidence
$78,000 $5,501 $12,000 to $14,000 $65,000
Injuries
Crush fractures of the left lower extremity requiring below-the-knee amputation and prosthesis.
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