Confidential
Settlement – $250,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Facts
On Sept. 5, 1996, the plaintiff, a 30-year-old self-employed spina bifida paraplegic, needed to use the restroom in a retail establishment. The restroom was not handicap accessible in that the door was too narrow and it was without grab rails. The plaintiff exited his wheelchair at the door and started to slip. He leaned on the sink to steady himself, and the sink came off the wall and shattered. The plaintiff fell on the broken sink and injured his right hand and wrist. The plaintiff brought this action against the defendant based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand at the mandatory settlement conference of $700,000. The defendant made a C.C.P. º998 offer of compromise for $100,000.
Specials in Evidence
$54,000 $26,000 unknown unknown
Injuries
The plaintiff suffered severance of muscles, nerves and tendons of his right hand and wrist.
Other Information
The settlement was reached approximately eight months after the case was filed. SETTLEMENT CONFERENCE: A mandatory settlement conference was held on May 29, 1998, before David Brennan (Pro Tem) resulting in a settlement of all claims against the landlord only for $250,000.
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