Confidential
Settlement – $400,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Gregory G. Brown
(Brown & Charbonneau LLP)
Defendant
Experts
Plaintiff
Brad P. Avrit P.E.
(technical)
James C. Parker
(Hugo Parker LLP)
(medical)
Defendant
Richard W. Rauseo
(technical)
James M. Moore
(medical)
Ned Wolfe M.E.
(technical)
Facts
The plaintiff, an 80-year-old woman, tripped and fell at an Edwards movie theater on June 18, 2001. She got up to leave while the movie credits were rolling, before the house lights came on. She fell when she reached the end of the row as she attempted to step onto the stadium seating staircase.
Settlement Discussions
One week before trial, the defendant offered $75,000 with indication $100,000 would be offered. The plaintiff demanded $800,000. The parties settled after pre-trial motions for $400,000. A term of the settlement agreement was that the plaintiff's attorney would be forever barred from pursuing any other plaintiff case against the defendants. According to the plaintiff's attorney, this condition places him in an ethical bind given that it is an unlawful restraint on trade
Specials in Evidence
$35,000
Damages
Punitive damages were sought.
Injuries
Comminuted fracture of the patella.
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