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CONFIDENTIAL

Apr. 29, 1995

Personal Injury (Non-Vehicular)
Premises Liability
Fall

Confidential

Settlement –  $700,000

Judge

William B. Enright

Court

USDC Southern District of California


Attorneys

Plaintiff

David C. Siegel


Defendant

Steven C. Morrison

Benjamin F. Parks


Experts

Plaintiff

William Lewis
(medical)

Dirk S. Yandell
(technical)

Glen E. Spangler
(technical)

Dean C. Delis Ph.D.
(medical)

Ronald R. Doss
(technical)

Ken Lyons Jones
(medical)

Annette J. Dutton
(technical)

Defendant

Steven N. Sparta
(medical)

Patricia Goldsmith
(technical)

Bernard S. Brodwin
(technical)

Robert R. Trout
(technical)

Dennis P. Gemberling CHA, CFBE, FMP, FCSI
(technical)

David Paa
(medical)

Edward Kaufman
(medical)

William J. Hoffman
(technical)

Irene Jalowayski
(technical)

Facts

On July 18, 1993, Plaintiff, a child of nearly 3 years of age, climbed out of a Defendant's hotel bathroom window, a window which had no screen, and fell 2 stories to the ground level. This hotel had been foreclosed on by Defendant savings and loan association who, in turn hired Defendant management company to manage the property. The hotel was described as a transient, "low-end" facility. Plaintiff and his mother had moved into a second-story room. There was a dispute as to whether the window had been bolted shut by the hotel management.

Settlement Discussions

Defendant property management company contended that both Defendants originally offered $175,000 and Plaintiff demanded $1,500,000.

Specials in Evidence

$100,000 $832,000 $450,000

Injuries

Two-day coma requiring hospitalization and resulting in severe speech deficits, hyperactivity (attention deficit disorder syndrome), and cognitive deficits.


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