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CONFIDENTIAL

Mar. 21, 1998

Torts
Assault and Battery
Emotional Distress

Confidential

Settlement –  $37,500

Judge

James A. Kaddo

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Albro L. Lundy
(Baker, Burton & Lundy PC )


Defendant

Victor A. Bullock
( Wade Law Group APC)

Craig S. Barnes


Facts

On Aug. 14, 1994, plaintiff, a 52-year-old flight attendant, was on a flight from Hawaii to Los Angeles when she was allegedly struck by defendant, a passenger on the flight. The plaintiff brought this action against defendant based on assault, battery and negligent and intentional infliction of emotional distress theories of recovery. Plaintiff prayed for compensatory and punitive damages.

Settlement Discussions

Per defendant, the plaintiff made a C.C.P. º998 settlement demand for $300,000 which was reduced to $99,999 before trial. The defendant made a C.C.P. º998 offer of compromise for $15,000.

Specials in Evidence

$26,000 $20,000

Damages

The plaintiff alleged $26,000 in medical expenses and $20,000 in lost earnings.

Injuries

The plaintiff claimed she suffered neck and back pain and migraine headaches as a result of the incident.

Other Information

The settlement was reached after the jury was selected (just before opening statement), approximately two years and six months after the case was filed. Trial was estimated to take up to 12 days.


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