Confidential
Settlement – $340,000Judge
Mediator
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Sean E. Judge
(Judge Mediation)
Nicholas M. Gedo
(Wood Smith Henning & Berman LLP)
Experts
Plaintiff
Mehdi Habibi
(medical)
Roger L. Langner
(medical)
Defendant
James T. London M.D.
(medical)
Glenn Braunstein
(medical)
Facts
Plaintiff was a 54-year-old, uniformed security guard at defendant retailer's distribution center in Vernon. Defendant retailer hired two guard companies to patrol adjacent areas of the same parcel. A dispute arose between the guard companies about who was to patrol a particular portion of the property. On Aug. 31, 1995, two security guards from defendant security company and plaintiff's became involved in an altercation. The plaintiff brought this action against the defendant security company based on intentional infliction of emotional distress, assault, battery and false imprisonment and against defendant retailer for negligent hiring, negligent supervision, negligent retention and negligent management.
Settlement Discussions
Numerous offers and demands were made between the parties. Ultimately, on Dec. 9, 1997, defendant security company tendered its policy ($300,000) without contingencies to plaintiff which plaintiff accepted. After numerous offers and demands between plaintiff and defendant retailer, plaintiff ultimately accepted $40,000. Defendant retailer reportedly agreed to settle its cross-complaint against the security company in exchange for mutual dismissals, releases and waivers of costs.
Injuries
The plaintiff underwent a lumbar laminectomy at L5-S1. Defendant retailer reported plaintiff incurred $60,000 in medical expenses and alleged $120,000 in lost earnings.
Other Information
A two-day settlement conference was held on Dec. 9, 1997 before Judge William Birney of Norwalk Superior Court, resulting in the $300,000 settlement with defendant security company. The settlement was reached approximately two years and three months after the case was filed.
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