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CONFIDENTIAL

Oct. 9, 1993

Personal Injury (Non-Vehicular)
Premises Liability
Negligence

Confidential

Settlement –  $1,100,000

Judge

Robert J. Polis

William F. Martin

Court

Orange Superior


Attorneys

Plaintiff

Nora Rousso

D. Thomas Rogers


Defendant

George E. Clause

Janet L. Grove


Experts

Plaintiff

James R. Missett
(medical)

Defendant

Bernard S. Rappaport
(medical)

Edward A. Abraham M.D.
(medical)

Charles E. Becker
(technical)

Diana Farmer
(medical)

Renee Leslie Binder
(medical)

Facts

On August 3, 1992, Plaintiff a 44-year-old delivery truck driver was making a delivery to Defendant business. Plaintiff was standing on the loading dock when an employee of the Defendant business knocked over a stack of pallets onto the Plaintiff, forcing him to the ground face first.

Settlement Discussions

Plaintiff contends they made a 998 demand for $1,100,000 and Defendant offered nothing.

Specials in Evidence

$85,000 $42,000 $300,000 $30,000

Injuries

Plaintiff sustained shoulder, right knee, and neck and back injuries requiring physical therapy and neuro-psychological treatment for cognitive and sensory dysfunction; sinus fracture requiring open reduction, internal fixation with micro plates; nasoethmoid fracture with bone graft and leg screw fixation; Plaintiff required exploration of the right orbital floor with vitallium mesh for reconstruction, micro plating of the left zygomatic and maxillary fracture, exploration of the left orbital floor, and closed reduction of the septum; future acromiosplasty repair of the left rotator cuff full thickness tear. Plaintiff's wife claimed loss of consortium.

Poll

9-3


#121778

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