Confidential
Settlement – $60,000Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Stephen I. Rosen
(technical)
Ralph Clock
(technical)
Michael James
(technical)
Ralph N. Steiger
(medical)
Gerald Puchlik
(technical)
G. Jay Westbrook
(medical)
Defendant
James T. London M.D.
(medical)
Ned Wolfe M.E.
(technical)
Mark Schierer
(technical)
Mark Costa
(technical)
H. Harvey H. Cohen
(technical)
Facts
The subject of this case was an incident on November 1, 1990. At the time Plaintiff, a 75-year-old retiree, had been a resident of Defendant senior adults apartment complex for 6 months. She was recovering from a fractured hip, an injury which occurred 5 years previously. She was ambulatory, but used a walker for "confidence" when walking outdoors. The Defendant complex was originally planned to have a sidewalk that led from her apartment to the centrally located mailbox. The sidewalk would allow access without walking through the parking and driveway area; however, as constructed, the sidewalk was omitted. Therefore she alleged that she could not safely transverse the 12 feet of grass that separated the sidewalk outside her apartment to the sidewalk that led to the mailbox. Plaintiff walked down the handicap ramps to cross the parking area, up the other handicap ramp to the mailbox, and returned the same way. On the date of the subject incident, Plaintiff crossed to her mailbox, and when returning, she came to the rear of the car driven by Defendant. Defendant driver struck Plaintiff as he backed out, fracturing both of her legs. Early in the case, Plaintiff settled her claim against the Defendant driver for $15,000 policy limits.
Settlement Discussions
Plaintiff contends she demanded $150,000 and Defendant premises made no offer until one week before the trial date.
Specials in Evidence
$72,218
Injuries
Bilateral leg fractures requiring a 51-day hospitalization, 4-month convalescence, and permanent confinement to a wheelchair due to severe preexisting osteoporosis.
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