Confidential
Settlement – $120,000Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
William R. Hale
(medical)
Defendant
David L. Wood
(medical)
Facts
On February 19, 1992, Plaintiff, a 55-year-old salesman, was leaving Defendant's warehouse after making a delivery. As Plaintiff crossed the parking apron, he stepped in a puddle of transmission fluid left by one of Defendant's forklifts. Because it had been raining, Plaintiff was unable to discern the puddle as transmission fluid. Several hours earlier, an employee of Defendant had reported the transmission fluid puddle to a supervisor, but no action had been taken. Plaintiff slipped and began to fall, but was able to regain his balance without hitting the ground. In so doing, Plaintiff twisted his back.
Settlement Discussions
Plaintiff contends he demanded $150,000 and Defendant made no offers until the pretrial conference. Defendant contends Plaintiff's demand was $200,000.
Specials in Evidence
$15,000 not claimed $40-50,000
Injuries
Aggravation of preexisting lumbar condition requiring physical therapy and orthopedic examinations; small disc bulge at L5-S1 and radiating pain which may require future surgery.
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