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CONFIDENTIAL

Nov. 30, 1996

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

Confidential

Settlement –  $40,000

Court

Ventura Superior


Attorneys

Plaintiff

William J. Weilbacher Jr.


Defendant

Fred L. Krakauer


Facts

On June 5, 1994, the plaintiff, a 30-year-old carpenter, tripped over a two-inch-high threshold leading to the garage. The plaintiff allegedly fell into the garage due to a 17-inch elevation difference between the living area and the garage. The plaintiff brought this action against the defendant based on negligence theories of recovery.

Settlement Discussions

The plaintiff made an initial settlement demand of $200,000, subsequently lowered to $75,000. The defendant made an initial settlement offer of $15,000, later increased to $25,000.

Specials in Evidence

$7,000 $19,500 $___________ $___________

Injuries

The plaintiff claimed he sustained a miniscus tear injury, requiring arthroscopic surgery and resulting in a limp.

Other Information

An arbitration was held before David Worley resulting in an award of $54,000 in favor of the plaintiff. The defendant requested a trial de novo.


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