Confidential
Settlement – $65,000Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Facts
On April 14, 1995, the plaintiff tripped and fell over a broken malibu lighting unit on the front lawn of the defendants' premises. The lighting unit consisted of a metal cylinder approximately 10 inches above the ground with wires protruding through the center of the cylinder. The plaintiff, her boyfriend and her son were walking on the sidewalk when the accident occurred. As they were walking, a bicylist was riding on the sidewalk in the opposite direction. The plaintiff and her son walked off the sidewalk and onto the defendant's property to allow the cyclist to pass. The plaintiff then tripped and fell over the broken light. The plaintiff brought this action against the defendants based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $90,000. The defendants made a settlement offer of $25,000 at mediation.
Specials in Evidence
$5,067.66 $1,500
Injuries
The plaintiff claimed numbness and discomfort to her left foot, loss of motion of approximately 25 percent, tendon damage and nerve damage. The plaintiff can no longer wear high heals and must were loose fitting shoes. The plaintiff severed her tendons and nerves in the dorsum of her foot which required 26 sutures. Her foot was then immobilized in a cast; and she was given crutches and pain medication. Two days later, the plaintiff was admitted back into Northridge Hospital with an infection. She was hospitalized for four days. Treatment included antibiotics and whirlpool therapy. After her cast was removed, the plaintiff underwent physical therapy to her foot and ankle in order to increase her range of motion and reduce the scar formation.
Other Information
The settlement was reached approximately _____ years and _____ months after the case was filed. A settlement conference/ arbitration/ mediation was held on ____/_____/19____ before ________________ (name) of ______________ (affiliation) resulting in ________ .
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390