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CONFIDENTIAL

Oct. 26, 2000

Personal Injury (Non-Vehicular)
Premises Liability
Trip and Fall

Confidential

Settlement –  $400,000

Court

Confidential


Attorneys

Plaintiff

Michael R. Rhames
(Law Offices of Michael R. Rhames PC)

Michael A. Cholodenko
(Law Offices of Michael A Cholodenko)


Defendant

Norman N. Hirata

Frank J. Revere
(Revere & Wallace)


Facts

The plaintiff and a friend were walking in defendant city. The plaintiffÆs right foot suddenly and unexpectedly fell
into a large opening in the tree well grate around one of the trees which lined the block and she fell. Her left hip
struck the concrete first, followed by her hands and arms, causing a total fracture of the capital head of her left
femur.

Settlement Discussions

The city accepted the plaintiff's C.C.P. Section 998 offer of $150,000. Defendant landscape company offered $250,000 which the plaintiff accepted, for a total settlement of $400,000.

Specials in Evidence

$22,709 $31,617 $62,000 $81,710

Injuries

Total subcapital fracture of the left hip and aggravation of pre-existing arthritis in the left knee and back.

Other Information

<S>The parties attended three settlement conferences with mediator Ralph Williams.</S>


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