Confidential
Settlement – $95,000Judge
Attorneys
Plaintiff
Defendant
Facts
On May 10, 1995, the plaintiff's decedent, a 74-year-old retired woman, was killed in her condominium by an employee of defendant No. 4. The defendant employee had been participating in an after-hours party on the premises where alcohol was consumed. The employee later pled guilty to murder. The plaintiffs, the decedent's five chilren, brought this wrongful death action against the employee for intentional tort and against the other defendants based on a negligence theory of recovery.
Settlement Discussions
A C.C.P. º998 offer of $40,000 was made to and accepted by defendant No. 1. C.C.P. º998 offers of $20,000 were made to defendant No. 2 and defendant No. 3. C.C.P. º998 offers were made by defendants No. 2 and No. 3 to the plaintiffs in a total amount of $5,000. A C.C.P. º998 offer of $99,000 was made to defendant No. 4. Defendant No. 4 made a C.C.P. º998 offers to compromise totaling $5,005. After the mediation, the plaintiffs made a revised C.C.P. º998 offer of $35,000.
Damages
The plaintiff claimed loss of association and future income.
Injuries
Death of mother.
Other Information
The settlement was reached approximately two years after the case was filed. Motions for summary judgment were filed by each of the defendants challenging their respective duties to plaintiffs. All motions for summary judgment were denied. A four-hour mediation was held with defendant No. 4 on Jan. 14, 1998 before the Hon. William Burby, Jr., retired, of JAMS.
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