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CONFIDENTIAL

Oct. 19, 2004

Personal Injury
Premises Liability
Trip and Fall

Confidential

Settlement –  $825,000

Court

San Mateo Superior


Attorneys

Plaintiff

Barry K. Tagawa
(The Law Office of Barry K. Tagawa)


Defendant

Thomas R. Gill

Thomas H. Mell


Experts

Plaintiff

Robert G. Abrams
(technical)

Thomas C. Thomas
(technical)

Claudia Byrd
(technical)

Arati Dunbar
(medical)

Marc R. Safran
(medical)

Floyd Fortuin
(medical)

Defendant

Alan Donelson
(technical)

Rick N. Robertson
(technical)

Alan Garmeson
(technical)

James Hiuson
(technical)

Facts

Joanna Golts, 33, went to visit a tenant at Skyline Terrace Apartments in Burlingame. She tripped and fell at the entrance. Joanna claimed that two employees of Thomas Transfer and Storage Co., Kevin Grant and Fred Osterlund, were moving another tenant out of the apartment complex at the time. She further asserted that the employees had propped the door open with brick and placed a mat over the brick. Joanna and her husband, Edmunds, brought a premises liability suit against Thomas Transfer and Storage Co. Inc.; Grant; Osterlund; the property owner, Simba Group; and the property manager, Woodmont Real Estate Services Inc. The Goltses contended that the defendants negligently used, maintained or managed the premises. The defendants claimed that Joanna was comparatively at fault, assumed the risk and failed to mitigate damages. They further argued that, under C.C.P. Section 1431.2(a), each defendant was liable for non-economic damages only in proportion to its percentage of fault.

Settlement Discussions

The Goltses demanded $1.8 million.

Specials in Evidence

$101,625 (Joanna); $4,305 (Edmunds) $131,566 (Joanna was employed by United Airlines) $398,361 to $1.2 million

Injuries

Joanna underwent two arthroscopies on her right shoulder and arthroscopic surgery for a meniscus tear of her left knee. The defendants denied that Joanna injured her knee in the fall, but conceded that her shoulder injury was caused by the fall. They also claimed that the shoulder injury would heal. The Goltses asserted that the shoulder injury was not yet resolved and that Joanna would have permanent residual injury.

Other Information

PLEASE PROVIDE THE COURT OF VENUE/TEL AND FAX NO. OF ATTY. THOMAS MELL


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