Confidential
Settlement – $25,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Jacquetta M. Bardacos
(Bochnewich Law Offices APC)
Defendant
Rian W. Jones
(Epsten, Grinnell & Howell APC)
Experts
Plaintiff
Serge V. Verne
(medical)
Dennis P. Steigerwald
(medical)
Defendant
Gary N. Greenberg
(medical)
Facts
On April 29, 1993, Plaintiff, a 31-year-old medical transcriptionist, and her husband were patrons at Defendant's Restaurant. Plaintiff ordered a chicken quesadilla. While consuming her food, Plaintiff alleged that a 2-inch-long chicken bone became lodged in her mouth, vertically, cutting her gums and chipping a molar; she gagged and spit the bone out.
Settlement Discussions
Plaintiff contends she initially demanded $150,000 reduced to $35,000 on the day of trial; and Defendant made a 998 offer in the amount of $15,000 increased to $25,000 on the day of trial.
Specials in Evidence
$33,000 in excess of $180,000
Injuries
TMJ requiring bilateral arthroscopic surgery.
Other Information
This case settled as the judge was preparing to take the bench on the first day of trial.
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