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CONFIDENTIAL

Jan. 25, 2005

Personal Injury
Dangerous Condition of Public Property
Trip and Fall

Confidential

Settlement –  $315,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Donald G. Liddy
(Liddy Law Firm)

Jeffrey I. Pheffer
(Pheffer Law Corp)


Defendant

Jessalyn R. Pinder


Experts

Plaintiff

Ishan Vest
(medical)

Marilyn Robertson
(medical)

Stephen C. Dell
(medical)

Jeffrey T. Thomas
(Gibson, Dunn & Crutcher LLP) (medical)

Defendant

Arthur Kreitenberg M.D.
(medical)

Facts

On June 18, 2002, the plaintiff, age 45, and her husband were visiting from San Francisco. As they were walking through the historic plaza area on Olvera Street in Los Angeles when she tripped over a broken portion of the sidewalk.

Settlement Discussions

The plaintiff initially demanded $500,000 and subsequently served a C.C.P. Section 998 in the amount of $395,000. Prior to mediation, the defendant offered $100,000 and, as a result of mediation, the parties settled for $315,000.

Specials in Evidence

$147,070 $75,600 $200,000 $100,000

Injuries

The plaintiff sustained trauma to a fragile neck, causing multiple disc herniations. She had an MRI two months before the fall because of pre-existing complaints. After the accident, her symptoms worsened and she underwent a cervical fusion. The defendant contended that plaintiff's complaints pre-existed the accident and that surgery was inevitable.

Other Information

The case was settled for $315,000 at a mediation session with Michael Moorhead.


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