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CONFIDENTIAL

Aug. 18, 2011

Personal Injury
Auto v. Pedestrian
Negligence

Confidential

Settlement –  $130,000

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Marilyn H. Nelson
(Zukor & Nelson)

Abram C. Zukor
(Zukor & Nelson)


Defendant

Robert J. Pfenning


Facts

Plaintiff, a 66-year-old female, was a patron at a nail salon in a strip mall. As she was sitting in a chair, a BMW owned and operated by a female real estate broker, accelerated through the front window of the shop and continued through the structure pushing furniture to the back of the salon, pinning plaintiff behind a coach.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant was clearly negligent by mistakenly believing that she was in reverse when her vehicle was in drive.

DEFENDANT'S CONTENTIONS:
Defendant disputed the nature and extent of plaintiff's injuries and contended that her injuries were not consistent with the biomechanics of the accident.

Specials in Evidence

$18,000.00

Damages

Rotator cuff tear requiring surgical intervention and physical therapy.

Result

The parties settled for $130,000. Settled after mediation with Robert Tessier, Esq. and two MSCs with Judge Bert Glennon.

Other Information

FILING DATE: April 6, 2010.


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