Confidential
Settlement – $125,000Judge
Court
Marin Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
James C. Wilson
(medical)
J. Richard Mendius
(medical)
Defendant
Steven C. Holtzman
(medical)
Facts
On Feb. 2, 1995, the plaintiff, a 60-year-old man self-employed in the wood preservation business, slipped and fell while exiting the shower in his room at the defendant hotel. He had resided at the defendant hotel for six weeks at the time of the accident. The plaintiff brought this action against the defendant based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $_________________. The defendant made a C.C.P. º998 offer of compromise for $_________________.
Specials in Evidence
$4,387 $40,000 (per the plaintiff) and $90,500 (per the defendant) $30,000
Injuries
The plaintiff claimed he lost two teeth, suffered neck pain and a closed head injury, resulting in his inability to concentrate, dizziness and loss of balance after striking his head on either the floor or the tiles.
Other Information
The settlement was reached approximately 11 months after the case was filed. MEDIATION: A mediation was held on Jan. 8, 1997 before John Bates of JAMS/Endispute resulting in the reported settlement.
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