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CONFIDENTIAL

Jun. 13, 1998

Personal Injury
Negligence
Failure to Warn

Confidential

Settlement –  $8,000

Judge

Haig Kehiayan

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Steven H. Murphy


Defendant

Paul A. Kopf


Facts

Plaintiff, a 26-year-old truck driver, entered a Santa Clarita mini-market to make a purchase. The mini-market attendant conducted business with the plaintiff over a counter on which a food warmer was situated. Upon tendering payment, the plaintiff briefly rested his forearms on the food warmer and sustained second degree burns. The food warmer had a label at the bottom, approximately 1 inche by 1/2 inch stating "Caution Hot." (Per plaintiff, it was worn and faded.) The plaintiff was terminated from his employment approximately three weeks after the incident. The plaintiff brought this action against the mini-market based on negligence theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $12,000. The defendant made an offer for $5,000.

Specials in Evidence

$863.77 $12,000

Injuries

The plaintiff claimed to sustain second degree burns on both forearms resulting in loss of employment.

Other Information

The settlement was reached approximately one year and seven months after the case was filed. Per defendant, they settled for costs of defense. ARBITRATION: An arbitration was held by Lisa Jayne Rosengren, resulting in a $2,000 award for plaintiff. The settlement was reached prior to the deadline to file for a trial de novo.


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