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CONFIDENTIAL

Jan. 21, 2004

Personal Injury
Premises Liability
Trip and Fall

Confidential

Settlement –  $400,000

Judge

Gail A. Andler

Court

Orange Superior


Attorneys

Plaintiff

Laura C. Hess

Gregory G. Brown
(Brown & Charbonneau LLP)


Defendant

David N. Ball

Russell B. Wagner


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.


#123014

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