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CONFIDENTIAL

Oct. 26, 1996

Personal Injury (Non-Vehicular)
Premises Liability
Slip and Fall

Confidential

Settlement –  $10,000

Court

San Bernardino Superior


Attorneys

Plaintiff

Reuben A. Spivey


Defendant

John V. Gaule

Allen Rigdon


Facts

On Oct. 23, 1993, the plaintiff, a 37-year-old housewife slipped and fell in the ladies room at the defendant lounge. The ladies' restroom was flooded with water. The plaintiff claimed the water caused her to slip and fall which caused her face and chin to hit the ground causing lacerations to her head. The plaintiff brought this action against the defendants, the lounge and the lessor, based on premises liability and negligence theories of recovery. The defendant lessor was dismissed after the arbitration.

Settlement Discussions

The plaintiff made a settlement demand for $_________. The defendant made an offer of compromise for $_____________ .

Specials in Evidence

$3,700

Injuries

The plaintiff claimed a laceration to her head, requiring sutures over her left eye. She also claimed a lumbar spine sprain, a cervical spine sprain and a head contusion.

Other Information

The settlement was reached approximately two years after the case was filed. An arbitration was held on Dec. 1, 1995 before Ronald Lubey, Esq. resulting in an award of $12,500 against the defendant lounge only. The parties settled soon thereafter.


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