Confidential
Settlement – $240,000Judge
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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