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CONFIDENTIAL

Apr. 20, 1996

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

Confidential

Settlement –  $35,000

Judge

S. James Otero

Court

L.A. Superior Glendale


Attorneys

Plaintiff

Robert Lee Kornswiet


Defendant

Mark L. Kiefer
(Bradley, Gmelich & Wellerstein LLP)

Deborah A. Walcroft


Facts

On December 14, 1993, the plaintiff, a 41-year-old secretary, attended a seminar at the defendant's recreation center. The plaintiff alleged that she fell on the sidewalk because it was slippery due to exposed aggregate. The plaintiff brought this action against the defendant recreation center based on negligence and premises liability theories of recovery and against the defendant masonry company based on negligence theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $1,000,000 reduced to $399,000. The plaintiff demanded $125,000 at the mandatory settlement conference. The defendants offers were not disclosed.

Specials in Evidence

$7,000 [liens waived] (per the plaintiff) and $10,000 (per the defendant) $10,000 (per the plaintiff) and $68,000 (per the defendant) $5,000 (per the plaintiff) and $66,000 (per the defendant) $3,500 (per the plaintiff) and $15,000 (per the defendant)

Injuries

The plaintiff alleged that she sustained post-concussive syndrome (including tremors of her extremities, memory dysfunction, vertigo and headaches), two chipped teeth and a temporal mandibular syndrome injury as a result of the incident.

Other Information

The settlement was reached approximately one year and three months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on March 25, 1996, before the Hon. James Otero resulting in the settlement. The trial was set for April 15, 1996.


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