Confidential
Settlement – $70,000Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Raymond J. Pulverman
(Pulverman & Pulverman LLP)
Defendant
Experts
Plaintiff
David F. Lapatka
(medical)
Redford David
(technical)
Defendant
B. Chandler May
(medical)
Facts
On Dec. 31, 1995, a clay tile flew off defendants' building during a windstorm and struck plaintiff, a 26-year-old locksmith, on his nose. Plaintiff alleged that prior to the accident, defendants had actual and constructive notice that the clay tiles on the roof of their building were in a state of disrepair. According to plaintiff, an engineering report from 1991 advised defendants that their roof tiles required replacement and/or repair. The plaintiff brought this action against defendants based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $______________. The defendants made a C.C.P. º998 offer of compromise for $_______________ .
Specials in Evidence
$13,978.43 $4,623.38
Damages
The plaintiff claimed MEDS $13,978.43; LOE $4,623.38.
Injuries
The plaintiff claimed to suffer a crush fracture to his nose.
Other Information
A settlement conference was held on July 18, 1997, before Judge Dodds resulting in the reported settlement. The settlement was reached approximately seven months after the case was filed.
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