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CONFIDENTIAL

Oct. 5, 1995

Personal Injury (Non-Vehicular)
Premises Liability
Dangerous Condition

Confidential

Settlement –  $300,000

Judge

James A. Malkus

Court

San Diego Superior


Attorneys

Plaintiff

Sue Zacks

Alex B. Scheingross


Defendant

Paul Cannon


Facts

On May 12, 1993, Plaintiff, a 6-year-old female child was sitting with friends on a staircase/balcony. The group was involved in a coloring project. As she reached for a crayon, she grabbed the railing to steady herself. The railing gave way and Plaintiff fell through "holes," missing vertical/intermediate bars. Plaintiff fell approximately 15 feet. Defendant was the owner of the premises.

Settlement Discussions

Plaintiff contends she demanded $500,000 and Defendant offered $150,000.

Specials in Evidence

$44,000 not determined $10,000 to $50,000

Injuries

C6 through T1 spinal injuries requiring C6-T1 fusions and a 3-month halo and braces. Plaintiff claimed to be more than 50% likely to have neck arthritis by age 50. Residuals as well as the nature of future treatments and/or surgeries were not disclosed.


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