Confidential
Settlement – $66,000Judge
Court
San Joaquin Superior
Attorneys
Plaintiff
B. Mark Fong
(Minami Tamaki LLP)
Defendant
Experts
Plaintiff
Dale H. Fietz
(technical)
Defendant
Stephanie Felch
(technical)
Facts
On Nov. 19, 1993, the plaintiff, a 43-year-old training specialist for a savings and loan, was walking along a sidewalk near her home in the early evening when she tripped and fell over a defect in the sidewalk breaking her arm. The plaintiff brought this action against the defendants, the city and adjacent property owner, based on negligence and dangerous conditions of public property theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $75,000 (as to both defendants). The defendant made a C.C.P. º998 offer of compromise for $30,000.
Specials in Evidence
$38,561.89 $3,000
Injuries
The plaintiff alleged she suffered a displaced fracture of the left humerus with resultant radial nerve palsy and "hand drop" condition. The fracture was surgically repaired with internal fixation and placement of hardware, the hand drop condition was treated with two additional surgeries. The radial nerve was explored and a tendon transfer was accomplished to act as an "internal splint" and allow limited movement of left hand. Physical therapy was also completed and surgery to remove hardware may be called for in future.
Other Information
The settlement was reached approximately two years after the case was filed. A settlement conference was held on Oct. 2, 1996 before Judge Sucyres resulting in the reported settlement with the adjacent property owner.
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