Confidential
Settlement – $250,000Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Steven V. Angarella
(Angarella Law)
Defendant
Jay T. Rubin
(Mark R. Weiner & Associates)
Experts
Plaintiff
Gerald F. Zamiski Ph.D.
(technical)
Glen Jarus
(medical)
Defendant
Robert A. Kadlec
(technical)
Steven Leibowitz
(medical)
Facts
On Sept. 6, 1994, the plaintiff, a 71-year-old retired teacher, was using a brand new bungee (stretch) cord to secure boxes in the bed of his pick-up truck. The plaintiff claimed that while attempting to stretch the cord across the bed of his truck, the elastic material partially severed, causing the cord to disengage and sling-shot, striking him in the left eye. He was not wearing glasses or safety goggles at the time of the accident. The plaintiff brought this action against the store and the distributor based on negligence and product liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $350,000. The defendants made no initial settlement offers.
Specials in Evidence
$20,000
Injuries
The plaintiff claimed decreased vision in his left eye.
Other Information
The settlement was reached approximately one year and four months after the case was filed. A mediation was held on Jan. 16, 1997 before Hon. William E. Burby, retired of JAMS/Endispute resulting in the reported settlement.
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