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CONFIDENTIAL

Sep. 24, 1994

Personal Injury (Non-Vehicular)
Premises Liability
Negligence

Confidential

Settlement –  $500,000

Judge

Robert K. Byers

Court

Alameda Superior


Attorneys

Plaintiff

Steven C. Wolan


Defendant

C. Martin Gibson

Mark D. Poniatowski

Jeffrey Steele


Experts

Plaintiff

Jeffrey Saal
(medical)

Joel Weddington
(medical)

Michael G. Ueltzen
(technical)

George C. Walton
(technical)

Defendant

Edward Kelly
(medical)

Facts

On October 25, 1988, the medical office facility at which Plaintiff physiatrist practiced was inspected for termites. The Defendant inspector allegedly left open an access to a crawl space. The opening was a trap door in an unlit closet. When Plaintiff 34-year-old physiatrist stepped into the opening, he sustained injuries.

Settlement Discussions

Plaintiff contends he demanded $1,000,000 and Defendants offered nothing.

Specials in Evidence

$10-12,000 $1,000,000 unknown

Injuries

Nondisplaced fracture of the facet joint in the lower back at L4-5 requiring hot packs, massage, physical therapy, chiropractic care, acupressure, acupuncture, and cortisone injections; residual chronic pain requires pain management sessions.


#78114

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