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CONFIDENTIAL

Mar. 18, 1995

Personal Injury (Non-Vehicular)
Premises Liability
Dangerous Condition

Confidential

Settlement –  $3,015,000

Judge

Malcolm H. Mackey

Court

L.A. Superior Central


Attorneys

Plaintiff

Michael S. Fields


Defendant

David M. Humiston

Kevin K. Callahan

Richard W. Davis

Kurt C. Peterson
(Reed Smith LLP)

Roger D. Yuen


Facts

On March 8, 1992, Plaintiff, a 22-year-old warehouse clerk and student, went with a friend to a music hall to hear music. They parked in Defendant corporation's parking lot facing a barrier, a retaining wall ledge. At the closing of the music hall at 1:30 a.m. the friend went back to the vehicle and waited for Plaintiff. The friend moved the vehicle; and then Plaintiff returned to where the vehicle had been located and waited for the friend. As Plaintiff waited, he fell asleep on the 18-inch by 40-foot ledge. Defendant security guard flashed a light on Plaintiff at 5:30 a.m.; Plaintiff awoke and fell 16 feet to a ramp owned by Defendant theater and sustained severe injuries. The five Defendants were the security company, the security guard, the restaurant, the theater, and the parking lot corporate owners.

Settlement Discussions

Offers and demands exchanged prior to this settlement were not disclosed.

Specials in Evidence

$500,000 $60,000 $1,700,000 $6,000,000

Damages

Plaintiff sought economic damages in the amount of $9,000,000 and general damages of $5,000,000.

Injuries

Severe brain damage resulting in right-sided paralysis, loss of speech, and the need for 24-hour attendant care.


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