Confidential
Settlement – $75,000Judge
Mediator
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Christopher B. Townsley
(Law Offices of Stratman & Williams-Abrego, PO)
Defendant
Facts
On May 28, 1996, the plaintiff was riding his bicycle along the curb of Del Amo Boulevard. When the street narrowed, the plaintiff drove up a driveway to proceed riding on the sidewalk. The front tire of his bike fell into a cut-out portion of the sidewalk which was approximately 2 inches wide. This portion of the sidewalk had been cut out by the defendant construction company hired by the defendant county. The plaintiff brought this action against the defendant based on premises liability and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $106,000. Defendant originally denied liability. The case tentatively settled for approximately $75,000 after a court ordered mediation held by attorney John P. Blumberg. The settlement was conditioned on the filing of a motion pursuant to Govt. Code, º985 (c) which allows the court to order all lien holders to appear at a mandatory settlement conference or risk a waiver of their lien. As a result of the º985 hearing, the plaintiff was able to reduce his private medical reimbursement liens by $8,724.16.
Injuries
The plaintiff suffered a left distal humerus fracture.
Other Information
The settlement was reached approximately ____ years and ____ months after the case was filed. A settlement conference/arbitration/mediation was held on ____/___19__ before ___________ (name) of ____________ (affiliation) resulting in ______________. PLEASE DESCRIBE ANY SIGNIFICANT LEGAL/PROCEDURAL ISSUES WHICH HELP EXPLAIN THE OUTCOME.
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