Confidential
Settlement – $230,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Gregory A. Patton
(Patton Mosier)
Defendant
Mark M. Gnesin
(Ropers, Majeski, Kohn & Bentley)
Robert B. Gibson
(Gibson & Hughes)
Experts
Plaintiff
Alex J. Balian MBA
(technical)
Hooshang Pak
(medical)
James J. Jackson
(medical)
Defendant
Milton E. Legome M.D.
(medical)
Richard N. Selby
(medical)
Facts
On Oct. 28, 1994, the plaintiff, a 52-year-old mechanical engineer, slipped and fell on the defendant store's premises. Water had leaked from a cut flower display owned by the defendant flower company owner. The plaintiff brought this action against the defendants based on premises liability and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $300,000. The defendants made a settlement offer of $95,000 at the mandatory settlement conference, increased to $200,000 one week before trial.
Specials in Evidence
$27,000 $29,000 $5,000 $5,000 to $7,000
Injuries
The plaintiff alleged he sustained a shoulder injury consisting of torn cartilage at the glenoid labrum and the humeral head. The plaintiff underwent shoulder surgery to debride the torn cartilage. The plaintiff also claimed he suffered ulnar neuropathy in his left arm and expected to undergo surgical ulnar nerve transposition. The plaintiff also alleged he suffered radiculopathy symptoms due to a cervical injury sustained in the fall.
Other Information
The settlement was reached approximately one year and two months after the case was filed. A settlement conference/arbitration/mediation was held on July 19, 1996 before Randall Wilkinson of Orange County Superior Court. It failed to resolve the matter.
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