Confidential
Settlement – $170,000Judge
Court
USDC Western WA
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
H. Richard Johnson
(medical)
Mark Woodham
(medical)
Peter Hollar
(technical)
C. Stephen Settle
(medical)
Defendant
Michael Bidgood
(medical)
Facts
On Nov. 18, 1994, the plaintiff, a 49-year-old cosmetic saleswoman, was in the stock room at the defendant's store. She walked around a corner and tripped over a box that was being unloaded by the defendant's employee. As a result, the plaintiff fell to the floor, sustaining injuries. The plaintiffs brought this action against the defendant based on negligence, premises liability and loss of consortium theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $399,000. The defendant made no offer prior to mediation.
Specials in Evidence
$40,467 $234,457
Damages
The plaintiff claimed $95,000 in general damages, medical expenses of $40,467 and past and future lost wages of $234,457.
Injuries
The plaintiff claimed an injured clavicle which resulted in acromioclavicular resection. She was also diagnosed as having chronic myofascial pain syndrome in her cervical, thoracic and lumbar spine, as well as headaches and depression. Treatment included acromioclavicular surgery, physical therapy treatment, pain management counseling and chiropractic care.
Other Information
The settlement was reached approximately nine months after the case was filed. MEDIATION: A mediation was held before Jack Rosenow, resulting in the reported settlement.
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