Confidential
Settlement – $30,000Judge
Court
Tulare Superior
Attorneys
Plaintiff
Defendant
James W. Peel
(Peel Garcia LLP)
Experts
Plaintiff
Thomas F. Mitts
(medical)
Robert B. Haimson
(medical)
Defendant
Hirum B. Morgan Jr.
(medical)
Facts
On October 23, 1994, Plaintiff, a 32-year-old owner/operator of a "Barbie's Playhouse" day care center -- a lady named Barbara -- was shopping in Defendant's discount department store. A house display, complete with a "Barbie Beach Buggy," had been constructed to promote the sale of related items. As part of the display, a child-size dune buggy -- approximately 3 feet by 2 feet and weighing 50 to 60 pounds -- was placed on the roof of the beach house, suspended with plastic ties. Defendant's employees were removing the Barbie Beach Buggy when it fell from the display (employees had cut the wrong ties which had secured the buggy on the opposite side of the roof).
Settlement Discussions
Plaintiff contends she demanded $52,500 and Defendant offered $20,000.
Specials in Evidence
$13,200 $4,000 $3,100
Injuries
Right shoulder decompression with biceps tendinitis requiring acromioplasty of the ACV joint and future scar revision surgery.
Other Information
This case was filed on July 7, 1994; nine months and two weeks prior to this result. A prior arbitration by Roy Graves, Esq., resulted in a Plaintiff's award of $52,500; trial de novo by Defendant.
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