Confidential
Settlement – $660,000Court
Contra Costa Superior
Attorneys
Plaintiff
Stanley J. Casper
(Casper, Meadows, Schwartz & Cook)
Defendant
Experts
Plaintiff
Dean B. Tuft
(technical)
James R. Cole
(medical)
John Dana
(medical)
Defendant
Alan D. Shonkoff
(medical)
Facts
The plaintiff, a 46-year-old assistant manager at a Walnut Creek clothing store was descending a
stairway just outside the employeeÆs restroom on the second floor of the store when she lost her
balance on the first or second step. She tumbled head first down 13 steps, suffering a serious
closed head injury.
Settlement Discussions
The plaintiff initially demanded $2 million. The defendant initially offered $250,000.
Specials in Evidence
$130,000
Injuries
The plaintiff was rendered unconscious and rushed to John Muir Trauma Center where she was diagnosed with a severe cerebral concussion and acute marked paresis in her right ankle and foot. After an 8-day hospital stay, the plaintiff was transferred to an inpatient rehabilitation center for approximately two weeks. Although the plaintiff can now walk unassisted, she continues to suffer from hand tremors and slightly slurred speech. She has not been able to return to retail sales work.
Other Information
The case was settled at the second mediation session with Jerry Spolter of American Arbitration Association. The landlordÆs insurer contributed $575,000; the lien claimant waived its lien of approximately $140,000 and contributed $85,000 to settle the third party case, in return for a compromise and release of the workerÆs compensation.
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