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CONFIDENTIAL

Jan. 13, 2004

Personal Injury
Premises Liability
Negligence

Confidential

Settlement –  $150,000

Judge

Frank Y. Jackson

Court

L.A. Superior Lancaster


Attorneys

Plaintiff

Robert A. Salinsky


Defendant

Daniel G. Eskue


Experts

Plaintiff

Philip H. Conwisar
(medical)

Defendant

Arthur Kreitenberg M.D.
(medical)

Facts

On Jan. 5, 2002, the plaintiff, Lynette Bexley, went to the defendant's store. Before entering the store, the defendant Maedda, the owner of the store, asked some store patrons to help him move a 2,000-pound freezer out of the store. The defendant and volunteers had the freezer on a dolly and was moving the freezer when the plaintiff entered. After the plaintiff passed through the turnstile and as the defendant and his helpers were moving the freezer, the freezer tipped and fell forward, striking the plaintiff's right shoulder and pinning her to the horizontal cross bar of the turnstile for 4-5 minutes.

Settlement Discussions

The plaintiff demanded $250,000; the defendant offered $75,000 at a court ordered mediation.

Specials in Evidence

$39,196 $1,860 $8,000

Injuries

Grade III acromioclavicular separation left shoulder, right shoulder impingement syndrome requiring arthroscopic surgery consisting of right shoulder Weaver-Dunn reconstruction, distal clavicle excision and acromioplasty; left second rib fracture; residual scarring of right shoulder from surgery.


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