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CONFIDENTIAL

Feb. 14, 1998

Personal Injury (Non-Vehicular)
Premises Liability
Negligence

Confidential

Settlement –  $70,000

Judge

Bruce W. Dodds

Court

Santa Barbara Superior


Attorneys

Plaintiff

Raymond J. Pulverman
(Pulverman & Pulverman LLP)


Defendant

Mark T. Coffin


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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