Confidential
Settlement – $197,500Judge
Court
Ventura Superior
Attorneys
Plaintiff
Andrew C. Bryman
(Bryman & Apelian)
Defendant
Brian P. Neill
(Paul F. Sullivan & Associates APC)
Facts
On June 24, 1996, the plaintiff, age 74, was shopping at defendant grocery store with his wife. He entered the market and, while turning a corner around one of the produce tables, he got the tip of his foot caught underneath a metal trench plate causing him to stumble forward. He caught himself without falling. At the time of the incident, defendant grocery store was under a full remodel being performed by defendant construction company. There were a series of trench plates in the area where the incident occurred, and the plaintiff stumbled after getting his foot caught under the first plate in line after turning the corner. The plaintiff brought this action against the defendants based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $400,000. The defendant made a C.C.P. º998 offer of compromise for $100,000.
Specials in Evidence
$2,050
Injuries
The plaintiff suffered a torn medial meniscus which, according to the plaintiff's doctors, would require a future knee replacement. The plaintiff has not yet had the surgery.
Other Information
The settlement was reached approximately one year after the case was filed, two days before trial. Plaintiff's counsel became involved in this case two months before trial. MEDIATION: A mediation held on June 1, 1998, before Justice Robert Feinerman, retired, did not result in settlement.
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