Confidential
Settlement – $125,000Judge
Mediator
Court
Orange Superior
Attorneys
Plaintiff
Keith P. More
(Bentley & More LLP)
Defendant
Experts
Plaintiff
Mitchell G. Cohen
(medical)
Defendant
Michael J. Einbund M.D.
(medical)
Facts
On Feb. 15, 1996, the plaintiff, a 39-year-old data entry clerk, while in the course and scope of her employment, slipped and fell in the defendant's women's bathroom. There were no witnesses to the fall. 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 $225,000. Per the plaintiff, the defendant made a C.C.P. º998 offer of compromise for $50,000.
Specials in Evidence
$35,054.25 $42,900 $2,000
Injuries
The plaintiff alleged injury requiring an anterior cervical fusion and discectomy at C4-5 and C5-6, bone graphing from the iliac crest.
Other Information
The settlement was reached approximately one year and four months after the case was filed. MEDIATION: A 7-hour mediation was held before James Van Dam resulting in the reported settlement. Per the plaintiff, the medical specials and temporary disability resulted in a lien of $60,000. The lien was paid separately by the defendant.
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