Confidential
Settlement – $135,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Shawn Azizzadeh
(Bedford Law Group, APC)
Defendant
Patrick C. Quinlivan
(Tredway Lumsdaine & Doyle LLP)
Sheila M. Totorp
(Clausen Miller PC)
Experts
Plaintiff
Thomas L. Read
(technical)
Defendant
Kenneth A. Solomon
(technical)
Boyd W. Flinders
(medical)
Facts
On Oct. 10, 2002, the plaintiff, age 50, was using a Chin-Up/Pull Bar in his home. The bar, manufactured by E&B Giftware and Everlast Worldwide, had been purchased one month earlier from Big-5 Corp. While doing a pull up, the bar dislodged from the doorframe and the plaintiff fell on his head and back. The plaintiff was rushed via ambulance to Cedar's Sinai emergency room where he was treated for a broken toe, head and back pain.
Settlement Discussions
The defendant served a C.C.P. Section 998 offer for $125,000, three days before settlement.
Specials in Evidence
$24,000 $25,000 $70,000
Injuries
The plaintiff suffered a broken big toe and a herniated disc.
Other Information
The manufacturer has, since the accident, changed the type of screws that are sold with the product and has indicated that the future instructions and warnings will shortly be included with products offered for sale.
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