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CONFIDENTIAL

Oct. 11, 1997

Personal Injury (Non-Vehicular)
Premises Liability
Slip and Fall

Confidential

Settlement –  $225,000

Judge

Joseph E. Addiego

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

John A. Nojima
(Lederer & Nojima LLP)


Defendant

John M. Bergerson


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.


#79690

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