Confidential
Settlement – $99,500Judge
Court
Snohomish Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Michael Blenn
(technical)
Facts
On Feb. 22, 1996, the plaintiff, a 69-year-old retiree, entered the defendant's store in Edmonds to do grocery shopping. While plaintiff was walking through the store, she walked down the aisle with the intention of turning the corner of that aisle and heading to a product display; however, there was an empty display platform which was to be restocked by the store's staff, tripped the plaintiff, who was unaware of its presence. When the plaintiff tripped, she fell to the floor. From her fall, the plaintiff's forehead was bleeding, her glasses were crushed and her right shoulder and knee were injured. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a settlement demand for $194,312.67. The defendant made no offer.
Specials in Evidence
$22,573.13 $15,000 (approximately)
Injuries
The plaintiff suffered bruising and scrapes to the right side of her body and four part comminuted fracture of her right humerus, requiring surgery to put an arthroplastic prosthetic shoulder in place and possible future surgery.
Other Information
The settlement was reached approximately 11 months after the case was filed. A mediation was held on Nov. 9, 1998 before Henry Goldman of WAMS in Seattle, resulting in the reported settlement. The plaintiff's physician said that plaintiff's humerus injury resulted in a permanent impairment in her shoulder of approximately 60% (i.e., 50% impairment for the arthroplasty and 10% impairment for the loss of motion). The same doctor also said that, if the plaintiff lives another 15 or so years, she will need another surgery to replace the prosthetic shoulder with another arthrosplastic device.
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