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CONFIDENTIAL

May 23, 1998

Personal Injury
Premises Liability
Rape

Confidential

Settlement –  $95,000

Mediator

William Sheffield

Court

L.A. Superior Torrance


Attorneys

Plaintiff

John E. Sweeney
(Sweeney Firm)


Defendant

Colleen Clark


Facts

On Nov. 14, 1995, the plaintiff, a 43-year-old administrative assistant, was attacked and kidnapped from the garage behind her apartment building. She was driven from the scene and assaulted, raped and robbed. The plaintiff contended that the premises were inherently dangerous, and the defendant landlord had failed to make them safer and had prevented the plaintiff from entering into the garage area safely by deadbolting the garage door. The defendants contended they were not responsible for outside criminals who entered the premises. The plaintiff brought this action against the defendants based on a premises liability theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $_________. The defendants made a C.C.P. º998 offer of compromise for $__________.

Specials in Evidence

$__________ $__________ $5,000 $__________

Injuries

The plaintiff suffered severe psychological and emotional trauma from which she has not yet recovered, as well as loss of earnings. The plaintiff will require future psychological treatment.

Other Information

The settlement was reached approximately one year and five months after the case was filed. A mediation was held on March 19, 1998, before the Hon. William Sheffield, retired, of Judicate West, resulting in the reported settlement.


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