Confidential
Settlement – $225,000Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
John A. Nojima
(Lederer & Nojima LLP)
Defendant
Experts
Plaintiff
Gerald F. Zamiski Ph.D.
(technical)
Malcolm Lesavoy M.D.
(medical)
Kenneth A. Solomon
(technical)
Mel Mendelson
(technical)
Defendant
Joseph E. Bogan
(medical)
Facts
On July 8, 1994, the plaintiff, a 31-year-old account manager, allegedly slipped and fell in his shower causing his right arm to go through the non-tempered glass shower door. Eight months prior to this incident, the defendant landlord had repaired a portion of the shower enclosure but did not replace the non-tempered glass panel plaintiff later hit. 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 $300,000. The defendant made a C.C.P. º998 offer of compromise for $90,000.
Specials in Evidence
$35,000 $14,000 (per defendant), $25,000 (per plaintiff) $14,000 (per defendant), Unknown (per plaintiff) $10,000 (per defendant), $5,000 (per plaintiff)
Injuries
The plaintiff claimed to suffer a severe laceration on his arm severing his ulnar nerve, residual loss of use and severe scarring.
Other Information
The settlement was reached approximately two years and six months after the case was filed. An arbitration was held before the Hon. Carroll Dunnum (Ret.) resulting in a finding for the defense. The plaintiff requested a trial de novo.
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