Confidential
Settlement – $60,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Leslie J. Eng
(Richardson, Fair & Cohen)
Experts
Plaintiff
John K. Tyson P.E.
(technical)
Myron Koch
(medical)
Defendant
Jay A. Vogel
(medical)
Facts
On March 9, 1991, the plaintiff, a 54-year-old airplane structures assembler, leaned on a railing outside the clubhouse of the defendant resort where he parked his motor home. (The plaintiff was a paid member of the resort.) The railing broke and the plaintiff fell five feet and then rolled 15 feet down a hill. The defendant sent the plaintiff to a medical group to treat his injuries, but refused to pay the bills and later denied liability. The plaintiff claimed that the wooden railing had rot all the way through, resulting in its collapse. The plaintiff brought this action against the defendant resort based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $150,000. The defendant made a C.C.P. º998 offer of compromise for $25,000.
Specials in Evidence
$13,500 $40,000
Damages
The plaintiff claimed $150,000 lost earnings and $150,000 future lost earnings. However, the plaintiff had been unemployed for five months at the time of accident.
Injuries
The plaintiff alleged he sustained a left knee sprain, increased bipartite patella, a left shoulder avulsion fracture, partial tear of the left rotator cuff, right shoulder sprain, cervical and lumbar sprain and a cerebral concussion.
Other Information
The settlement was reached approximately four years and five months after the case was filed. The trial was held from july 24, 1996 to July 30, 1996 before Judge Jan A. Pluim of Los Angeles Superior Central Court. The settlement was reached during trial just prior to closing arguments.
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