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CONFIDENTIAL

Mar. 26, 1994

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

Confidential

Settlement –  $20,000

Judge

Jeffrey L. Giarde

Court

San Bernardino Superior


Attorneys

Plaintiff

Maurice J. Attie

Arnold G. Regardie


Defendant

Toby J. Elder


Experts

Plaintiff

Jayaraja Yogaratnam
(medical)

Kenneth Hart
(medical)

Defendant

Chadwick E. Smith
(medical)

Facts

In September of 1990, Plaintiff, a 54-year-old metal scrap recycler, visited Defendant market and slipped in a puddle of water in the produce department. He fell directly onto his coccyx.

Settlement Discussions

Plaintiff contends they made a 998 demand of $30,000 and Defendant offered $15,000. Defendant contends their offer was a 998 in the amount of $15,000 and Plaintiff made no 998 demand.

Specials in Evidence

$11,000 $12,000 yearly

Injuries

Severe pain to the low back and tail bone requiring emergent care and ongoing physical therapy. Plaintiff claimed permanent disability.

Other Information

A prior arbitration (arbitrator's name not disclosed) resulted in a Defense award; trial de novo by Plaintiff.


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