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CONFIDENTIAL

Aug. 30, 2001

Personal Injury (Non-Vehicular)
Dangerous Condition of Public Property
Trip and Fall

Confidential

Settlement –  $120,000

Judge

David W. Long

Court

Ventura Superior


Attorneys

Plaintiff

Joseph E. Gerbac


Defendant

Bruce Alan Finck


Experts

Plaintiff

Herbert Percival
(medical)

Harry J. Krueper Jr.
(technical)

William R. Gallivan Jr.
(medical)

Defendant

Charles R. Sadler
(medical)

Facts

On Oct. 6, 1999, at approximately 7:30 p.m., the plaintiff, a 50-year-old Air Force veteran, fell in an unmarked,
unlighted culvert while walking on Mission Drive in Camarillo. The plaintiff suffered a trimalleolar fracture of
the left ankle. The plaintiff claimed dangerous condition of public property.
The defendant claimed no dangerous condition and that the plaintiff should have had a flashlight.

Settlement Discussions

The plaintiff demanded $350,000. The defendant offered $50,000.

Specials in Evidence

$22,634 $12,685

Damages

$695 (domestic help)

Other Information

The case settled on the day the case was to be sent out to trial.


#120651

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