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CONFIDENTIAL

Jan. 19, 2004

Personal Injury
Premises Liability
Assault and Battery

Confidential

Settlement –  $10,500

Court

L.A. Superior Central


Attorneys

Plaintiff

Robert A. Logan

William M. Vlosky


Defendant

Thomas M. Phillips
(Phillips Firm)

Kevin L. Henderson

Charles Peterson


Facts

The two plaintiffs alleged that they were assaulted, beaten and car-jacked by unknown assailants while at a restaurant drive-thru after leaving work in downtown Los Angeles at 3 a.m. The assailants were never apprehended.

Settlement Discussions

The plaintiffs each demanded $20,000. The defendant restaurant initially offered $5,000 to each plaintiff and the defendant security guard offered each plaintiff $250. The case settled at a mediation session before Barry Florence, for $21,000 with each plaintiff receiving $10,500 (the restaurant paid $10,000 to each plaintiff and the security guard paid $500 to each plaintiff).

Specials in Evidence

$4,350 for psychiatric and physical therapy for plaintiff A; $6,100 for chiropractic, psychiatric and physical therapy for plaintiff B Plaintiff B claimed loss of income, as a dancer, of $4,500 for the period June 2001 to May 2002. Plaintiff A claimed loss of income, as a dancer, of $3,100.

Injuries

Plaintiff A suffered injuries to her right elbow, neck and back, abrasions and bruises to her right elbow, neck, shoulders and back. She claimed continuing emotional distress and saw her psychologist weekly. Plaintiff A claimed property damages of $800 to $1000. Plaintiff B suffered injuries to her neck, back, and both shoulders and suffered from headaches and post-traumatic stress disorder. She claimed property damages of $3,500 plus the loss of her 1997 Toyota Celica which was totaled.

Other Information

The mediation was held before Barry Florence.


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