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CONFIDENTIAL

Jan. 21, 2004

Personal Injury
Dangerous Condition of Public Roadway
Slip and Fall

Confidential

Settlement –  $92,500

Court

USDC Central


Attorneys

Plaintiff

Steven G. Mehta


Defendant

George C. Lowry
(Office of the Los Angeles City Attorney)

Lawrence W. Dailey JR

W. Thomas Maskey


Facts

On Sep. 30, 2000, the plaintiff, Doe Daniels, was walking at the intersection of Bosque and Bonavita Drives in Los Angeles. He approached a flow of water that obstructed his path to cross the street. Unbeknownst to the plaintiff, that flowing water had been ongoing for many years and the primary source came from the defendant landowner's property. As such, the plaintiff attempted to cross the street where the flow of water was occurring. In doing so, the water, algae and mud combined, in conjunction with the street, created a slippery condition, and when he placed his foot down, he slipped and fell on the ground, smashing his knee and patella. The water emanated from the homeowner defendants' properties as a result of irrigation pipes that had been built to drain water from the backyard of the defendants' properties to the street. The water at the homeowner defendants, including the moving defendants, flowed constantly from their homes, and had algae and other pollutants which drained to the street. It then flowed downhill from their properties to the location of the accident. However, the constant flow caused the location of the accident to be unduly slippery, resulting in the plaintiff's accident.

Settlement Discussions

The parties settled for $92,500. WHO CONTRIBUTED TO THE $92,500 AND IN WHAT AMOUNTS?

Specials in Evidence

PLEAsE ADVISE PLEASE ADVISE PLEASE ADVISE PLEASE ADVISE

Injuries

The plaintiff injured his knee and patella, surgery was required.


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