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CONFIDENTIAL

Oct. 19, 2004

Personal Injury
Premises Liability
Negligent Security

Confidential

Settlement –  $250,000

Court

San Bernardino Superior


Attorneys

Plaintiff

Marc J. Katzman
(Marc Katzman Law)

Matthew B.F. Biren
(Biren Law Group)

Kristal Bowman-Carter


Defendant

Henry C. Truszkowski
(Hewitt & Truszkowski)

A.J. Pyka

David S. Mayes


Experts

Plaintiff

Roberta Mann
(medical)

Daniel B. Kennedy
(technical)

Lester M. Zackler M.D.
(medical)

Defendant

Daniel Gerard Lewis
(McBrearty & Ware) (technical)

Robert A. Taylor
(technical)

John Hochman
(medical)

Michel F. Brones
(medical)

Facts

On June 30, 2001, the plaintiff, a 23-year-old Marine and two of his friends were attending the 2001 Ozzfest held at the Glen Helen Blockbuster Pavilion. In the early evening hours, the plaintiff was standing on the lawn area of the venue when a mosh pit fire broke out near him. Before he could leave to move closer to the stage away from the fire, an unknown person picked him up and threw him into the fire.

Settlement Discussions

The plaintiff's initial demand was $575,000, reduced to $330,000; the initial offer was $100,000, subsequently raised to $200,000.

Specials in Evidence

$32,587 $1,136 $10,000 (for recommended psychotherapy)

Injuries

First through third degree burns covering 15 percent of the plaintiff's body, on his back, shoulders, elbow and ears, requiring surgical treatment. The plaintiff also claimed to suffer post-traumatic stress disorder.

Other Information

The case was settled for $250,000 at the mandatory settlement conference before Judge Christopher J. Warner.


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