This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Apr. 4, 1998

Personal Injury
Premises Liability
Slip and Fall

Confidential

Settlement –  $800,000

Judge

John K. Trotter

Court

Orange Superior


Attorneys

Plaintiff

Lawrence R. Booth

Donald J. Beck


Defendant

Thomas A. Culbertson


Facts

The plaintiff in this case, a 45-year-old trash truck operator, was struggling to maneuver a large-wheeled trash bin, heavy with water from a rainstorm, into position where his truck could lift and empty it. The plaintiff's foot slipped into a drain with a broken cover at defendant's apartment house premises. The plaintiff brought this action against the defendant based on negligence and premises liability theories of recovery.

Settlement Discussions

Per the defendant, the plaintiff made a settlement demand for over $1 million.

Damages

Medical expenses of $52,500 (workers compensation lien $90,000) and approximately $78,000 in loss of earnings with present value of total future loss of earnings $842,000.

Injuries

The plaintiff claimed he suffered a laminectomy to L4-5 and partial S1, internal fixation and fusion three months post accident, following an MRI about 1 month post accident that revealed a 9 mm bulge (sic) at L4-5 and a 3 mm bulge immediately above. Opague myelogram and CT myelogram results in June 1997 showed L4 herniation with nerve root impingement.

Other Information

The settlement was reached approximately 11 months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held before retired Justice John K. Trotter of JAMS, resulting in the reported settlement.


#116016

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390