Confidential
Settlement – $7,100,000Facts
The subject suit is a personal injury case arising out of an incident that occurred during the filming of a cable television special. On April 21, 2001, the plaintiff, a 33-year-old female, was one of approximately 100 audience members in attendance at the taping. The plaintiff was selected to pose questions to the cast assembled on an elevated stage as part of the program format. During the course of the plaintiff's questioning, one of the cast members jumped off the stage and struck the plaintiff causing her to fall backwards on a concrete floor. The entire incident was filmed from multiple camera angles.
Settlement Discussions
None prior to mediation.
Specials in Evidence
$250,000 None claimed in excess of $200,000
Injuries
The plaintiff suffered herniated disc at L5-S1 requiring a micro-diskectomy; herniated disc at C5-6 requiring cervical fusion with titanium plate. The plaintiff also claimed residual lower back problems which her treating neurosurgeon stated would require a two-level fusion and severe post-traumatic stress disorder with ongoing depression and anxiety.
Result
$7.1 million
Other Information
According to plaintiff's counsel, the size of the settlement was driven largely by the defendant's recognition of its exposure to punitive damages if the jury concluded that the plaintiff had been targeted for an assault and the defendant intentionally allowed its cast members to become intoxicated.
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