Confidential
Settlement – $335,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Michael D. Smith M.D.
(medical)
Facts
The plaintiff, while standing on the deck of a rented home, fell three feet as a result of the deck collapsing.
Approximately one month earlier, the owner of the building had entered into escrow and the building inspector
disclosed that the deck joists needed to be replaced due to termite and fungus damage. The owner failed to
notify the tenant before the accident, and additionally, the tenant alleged that the contractor reinforced the deck
on the day of the accident.
This was denied by the contractor.
Settlement Discussions
The initial offer from the owner and the inspection company was $125,000, based upon 50- percent liability. However, initially, the contractor refused any contribution. After a re-evaluation by the new attorney for the contractor, the parties settled for $335,000.
Specials in Evidence
$52,000 $3,500 Undetermined $16,770
Injuries
Dislocated ankle requiring surgery. Future knee surgery was recommended.
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