Confidential
Settlement – $140,000Facts
On Nov. 12, 1994, plaintiff homeowner, then 36 years old, slipped and fell while ascending the common steps leading into the condominium complex where she lived. At the time of the accident, the stairs did not have railings in place although two sets were required by the applicable Building Code due to the length and span of the stairway. The plaintiff brought this action against the property management company based on a negligence theory of recovery. The owner-developer of the condo complex was defunct (liquidated by the state) and carried no insurance to cover the incident.
Settlement Discussions
The plaintiff made a settlement demand for $400,000 reduced to $300,000. The defendant offered $40,000, increased to $100,000 (per plaintiff).
Specials in Evidence
$28,307.01 $9320
Injuries
The plaintiff claimed to suffer severe displaced trimalleolar fracture of the left ankle requiring two surgeries and resulting in two substantial scars on both sides of the plaintiff's left ankle, approximately 6 inches in length.
Other Information
The settlement award was reached approximately two years and two months after the case was filed. A mediation was held on July 29, 1997, before attorney Paul J. Wright, which did not resolve the matter.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390