Confidential
Settlement – $40,000Judge
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jay William Preston
(technical)
Defendant
Ronald Mincer
(technical)
Facts
On April 5, 1992, Plaintiff, a 65-year-old woman disabled from emphysema, legitimately parked in the handicap parking section of Defendant grocery market. As she walked toward her vehicle, she tripped and fell over a concrete wheel stop. Just prior to the incident, Defendant market had been in the process of remodeling its store. An inspector from the Department of Building and Safety noticed that the existing handicap poles were blocking the loading zone in the handicap stall area and cited the market, requiring that they provide conforming handicap parking stalls. Defendant market retained Defendant paving company to move its existing 4 handicap stalls; to blacken out the existing stalls; to stripe the new stalls; to move the 3 handicap poles and to paint the concrete wheelstops blue. Defendant paving company subcontracted the work out to Defendant subcontractor to perform the construction. Three days prior to the incident, Defendant subcontractor completed the job and the work was approved by the Department of Building and Safety. The Defendant subcontractor, however, failed to paint the concrete bumpers blue pursuant to specifications.
Settlement Discussions
Plaintiff contends they demanded $75,000 and Defendants' offer was $21,000.
Specials in Evidence
$27,000
Injuries
Fractured left shoulder requiring total left shoulder replacement.
Other Information
A prior arbitration by Daryl Graver resulted in a Defense award; trial de novo by Plaintiff.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390