Confidential
Settlement – $20,000Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
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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