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

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

John R. Stanton

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Laurence C. Hall


Defendant

Frederick L. Glasser


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


#114163

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