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CONFIDENTIAL

Nov. 23, 2004

Personal Injury
Premises Liability
Apartment Complex

Confidential

Settlement –  $1,500,000

Court

Sacramento Superior


Attorneys

Plaintiff

Steven M. Campora
(Dreyer, Babich, Buccola, Wood & Campora LLP)


Defendant

Phillip R. Bonotto
(Gurnee, Mason, Rushford, Bonotto & Forestiere)

Domenico D. Spinelli
(Spinelli, Donald & Nott)


Facts

On July 26, 2000, the plaintiff, a 23-year-old restaurant manager, was moving into a duplex in Folsom. While walking on the driveway, he stepped on an uneven surface and turned his right ankle and severely injured it. The plaintiff sued the owners of the duplex, the property management group and its owners for premises liability. The duplex owners filed a cross-complaint against Alpha Property claiming that the property should have discovered the problem. The property management company filed a cross-complaint against the owners for express indemnity based on the property management agreement.

Settlement Discussions

The case settled at $1.5 million (combined policy limits). This amount was the amount of the plaintiff's demand.

Specials in Evidence

$56,277 $4,500 $600,000 to $700,000 (present cash value)

Injuries

The plaintiff sustained an avulsion fracture to his right ankle which required open reduction surgery. Ultimately, he claimed that he developed complex regional pain syndrome in his ankle. After the accident, the plaintiff began working as a commercial property manager. He had continued to work as a commercial property manager but claimed that if his condition did not improve, his ability to continue to work was in jeopardy.


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