Montelepre v. Aslam Khan dba Foxy's Restaurant
Published: Oct. 4, 2001 | Result Date: Aug. 31, 2001 | Filing Date: Jan. 1, 1900 |Case number: VC030912 Verdict – $0
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Charles E. Turnbow
(technical)
Defendant
Peter J. Zande
(technical)
Gil Garratt
(technical)
Facts
The accident occurred on the evening of Jan. 15, 1999 at 8 p.m. after leaving the defendant's restaurant. The
plaintiff was walking to her car, which was parked in a handicapped parking space, when she tripped and fell
over the exposed portion of a concrete parking wheel stop.
Settlement Discussions
The plaintiff's initial demand at the mandatory settlement conference was $700,000. The plaintiff's first C.C.P. Section 998 demand was $200,000 and she subsequently made C.C.P. Section 998 demands of $65,000 and then $60,000. The defendant's initial C.C.P. Section 998 offer was $25,001 before being raised to $50,000. Approximately six weeks before trial, a settlement was reached for $60,000, but this fell through due to the high medical liens which had amounted to $100,000. Consequently, the case went to trial.
Specials in Evidence
approximately $100,000
Injuries
A three-part fracture of the right proximal humerus and the humeral head. The plaintiff required an open reduction and internal fixation and was hospitalized for 13 days. She later underwent arthroscopic surgery to the shoulder.
Other Information
The case was bifurcated.
Deliberation
two hours
Poll
11-1 (liability)
Length
four days
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