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CONFIDENTIAL

Sep. 27, 2001

Personal Injury (Non-Vehicular)
Premises Liability
Negligence

Confidential

Settlement –  $660,000

Court

Contra Costa Superior


Attorneys

Plaintiff

Robert P. Star

Stanley J. Casper
(Casper, Meadows, Schwartz & Cook)


Defendant

Gary G. Devine


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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