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CONFIDENTIAL

Oct. 19, 1996

Personal Injury (Non-Vehicular)
Premises Liability
Fall

Confidential

Settlement –  $610,000

Judge

Robert D. Fratianne

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Martin N. Refkin


Defendant

Larry N. Willis


Experts

Plaintiff

Robert C. Cohenour
(medical)

David P. Barker
(technical)

Robert T. Jacobs
(technical)

William P. Joseph
(technical)

Steven J. Snyder
(medical)

Defendant

Daniel T. Van Durpe
(technical)

Jan W. Duncan
(medical)

Facts

On Feb. 3, 1993, the plaintiff wife, a 68-year-old exotic animal dealer, was looking at cars at the defendant automobile dealership. It was dark and the lighting was inoperable. The plaintiff fell off a display pad, striking her head and shoulder on a cement retaining wall. The plaintiffs, husband and wife, brought this action against the defendants, the automobile dealership and the related leasing company, based on negligence and loss of consortium theories of recovery. The defendant dealership brought a cross-complaint against the architect who designed the dealership premises.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $375,000. The defendant made no offer.

Specials in Evidence

$76,000 $_______ $_______

Injuries

The plaintiff alleged she sustained a fractured humerus and post-concussion syndrome, requiring two surgeries.

Other Information

The settlement was reached approximately three years after the case was filed. MEDIATION: A mediation was held on Sept. 11, 1996 before Judge Robert Fratianne, retired, of A.R.C. resulting in the reported settlement.


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