Confidential
Settlement – $200,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
J. Alan Frederick
(Marrone Robinson Frederick & Foster)
Experts
Plaintiff
Alan W. Weinberger M.D.
(medical)
Terry Sneed
(technical)
Anthony Alter
(medical)
Defendant
Donald C. Berman
(technical)
Richard M. Siebold
(medical)
Facts
On May 31, 1995, the plaintiff, a retired woman, was riding a hydraulic elevator in the defendant owner's apartment building when the elevator suddenly dropped approximately 8 to 12 inches and abruptly stopped, causing the plaintiff to sustain severe injuries to her left lower extremity. The plaintiff had been a tenant of the apartment building for over 20 years. The plaintiff claimed the defendant owners had knowleged of the elevator's propensity for dropping and stopping abruptly. The defendant owners' on-site manager testified during her deposition that the elevator had been experiencing similar problems for approximately two weeks prior to the incident involving the plaintiff. The defendant owners' on-site manager called the defendant elevator maintenance company on several occassions prior to the May 31, 1995 incident to complain about the elevator. The defendant elevator maintenance company responded to each of the manager's calls, the last of which was one day before the incident. The plaintiff claimed the defendant elevator company was unable to correct the problem. The plaintiff brought this action against the apartment building owners and the elevator maintenance company based on negligence, res ipsa loquitor and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $250,000 from the defendant owners and $250,000 from the defendant elevator maintenance company. The defendant owners made a settlement offer of $7,500 (per the plaintiff) or $75,000 (per the defendants).
Specials in Evidence
$120,000 (per the plaintiff); $150,000 + (per the defendants) $___________
Injuries
The plaintiff alleged she suffered injuries to her left lower extremity, including __________________ .
Other Information
The settlement was reached approximately one year and four months after the case was filed. An arbitration was held on Aug. 28, 1996 before Guy L. Kirkpatric resulting in an award of $65,000. The plaintiff claimed the award was apportioned 80 percent to the defendant owners and 20 percent to the defendant elevator maintenance company. The defendant owners claimed the award was apportioned 20 percent to the defendant owners and 80 percent to the defendant elevator maintenance company. On July 16, 1996, the plaintiff and the elevator maintenance company settled for $15,000, which was contingent on the court approving the settlement as being in good faith pursuant to C.C.P. º877.6. The court later denied the elevator maintenance company's good faith settlement motion, thus negating the $15,000 settlement.
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