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CONFIDENTIAL

Sep. 18, 1993

Personal Injury (Non-Vehicular)
Premises Liability
Dangerous Condition

Confidential

Settlement –  $240,000

Judge

William L. Peck

Court

Ventura Superior


Attorneys

Plaintiff

R. Thomas Wire
(Law Office of R. Thomas Wire)


Defendant

Kevin G. McCluskey
(McCluskey & Montgomery LLP)


Experts

Plaintiff

Robert E. Haynie
(medical)

Arthur S. Harris
(medical)

Rick J. Sears
(medical)

Defendant

Neil Paul Rosenthal
(medical)

Facts

On July 15, 1989, Plaintiff, a 31-year-old postal worker was delivering mail to Defendant's premises. She used her postal key to open a mail box door, which measured approximately 3 feet by 4 feet and weighed an estimated 13-15 pounds. The door fell off its hinges, hit the Plaintiff's left hand, and then she grabbed the door and threw it off her and onto the ground.

Settlement Discussions

Plaintiff contends they demanded $350,000 and Defendant offered $100,000. Defendant contends they offered $240,000 following a lengthy settlement conference before Judge William A. Peck and Plaintiff demanded $400,000 on the eve of trial.

Specials in Evidence

$40,000 $100,000 undetermined undetermined

Injuries

Disc herniation at C5-6 requiring discectomy and fusion surgery; rotator cuff syndrome requiring decompression surgery. Plaintiff received disability for 4 years due to this accident.


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