Confidential
Settlement – $102,500Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Philip H. Dunn
(Dunn, Carpio & Turner)
Defendant
Corine Zygelman
(Murchison & Cumming LLP)
Experts
Plaintiff
Kenton S. Horacek
(medical)
Defendant
Stephen Kay
(medical)
Ted Vavoulis
(technical)
Facts
On Dec. 28, 1994, the plantiff, a 57-year-old social worker, was walking to her car in the trailer park where she resided, when she tripped and fell next to an open trench, breaking her ankle. The plaintiff contended that the pipe company's employees, who were installing pipes on the trailer park grounds, left the pipes in a location that was unsafe and without warning. The plaintiff claimed that, while walking from her trailer to her car, she tripped on two of the pipes, fell and broke her ankle. The defendants contended that the plaintiff had been warned to be careful around the construction site and trench several times and that she tripped on a barricade or simply slipped and fell, but did not trip on a pipe. The plaintiff took the depositions of the construction workers that were at the site when the plaintiff fell and all testified she did not fall on pipes. The plaintiff brought this action against the pipe company, the trailer park and the trailer park maintenance company based on negligence, premises liability and respondeat superior theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $139,999. The defendant made a C.C.P. º998 offer of compromise for $50,000.
Specials in Evidence
$__________ (claimed) $__________ (claimed) $__________ $__________
Injuries
The plaintiff alleged she sustained a trimalleolar fracture of her left ankle, requiring open reduction and internal fixation surgery.
Other Information
The settlement was reached approximately one year and four months after the case was filed. A mediation was held before Judge Black, retired. It did not resolve the matter.
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