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CONFIDENTIAL

Sep. 19, 1998

Personal Injury
Premises Liability
Fall

Confidential

Settlement –  $165,000

Mediator

Anita Rae Shapiro

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Joseph J. Gigliotti
(Gigliotti & Gigliotti LLP)


Defendant

Terrence L. Cranert
(Mavredakis, Cranert & Crawford)


Facts

On Jan. 10, 1997, plaintiff, a 74-year-old retired woman, was shopping for a car at defendant's automobile agency. When she stepped onto a cart to be driven around the lot, defendant's employee started the cart before plaintiff was all the way onto the cart. The plaintiff fell off the cart and broke her hip. The plaintiff brought this action against the defendant based on negligence.

Settlement Discussions

The plaintiff made a settlement demand for $300,000 (policy limits). The defendant offered $150,000.

Damages

The plaintiff claimed past medicals of $40,000 - $45,000 for hip surgery and a hospital stay; and $10,000 to remove hardware in the future.

Injuries

The plaintiff suffered a broken hip. She claimed she will probably have surgery to remove hardware which will probably reduce or eliminate pain. She further claimed she can no longer walk along distances or go dancing.

Other Information

A 1+-hour mediation held before retired Commissioner Anita Rae Shapiro resulted in the reported settlement.


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