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CONFIDENTIAL

Mar. 13, 1999

Personal Injury (Non-Vehicular)
Premises Liability
Strict Liability

Confidential

Settlement –  $450,000

Judge

Florence-Marie Cooper

Court

L.A. Superior Central


Attorneys

Plaintiff

Chris Beissert

Michael A. Cohen


Defendant

Craig Donahue

Scott M. Schutz

Michael E. Mahurin

Gordon F. Sausser


Experts

Plaintiff

Brent R.W. Moelleken M.D.
(medical)

Defendant

Lawrence N. Seifert
(medical)

Facts

The plaintiff's mother opened an electric vehicle gate at their apartment building in order to walk into the parking lot. As the gate opened, the plaintiff was trapped between the gate and wall where an exposed chain and sprocket tore the skin off her leg. The plaintiff brought this action against the defendant based on general negligence, premises liability and product liability causes of action.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $ ________. The defendant made a C.C.P. º998 offer of compromsie for $ ________.

Injuries

The exposed chain and sprocket on the electric vehicle gate caused a severe debridement injury (full thickness skin loss of 8 centimeter by 10 centimer) to the plaintiff's left thigh. A skin graft was performed, taking an approximately equal amount of skin from the area adjacent to the wound. The plaintiff developed hypertrophic and keloid scarring and underwent three scar revision surgeries among other treatments. Future treatment will include additional scar revision surgeries and pulse dye therapy. Some scarring will always be visible.

Other Information

The settlement was reached approximately two years after the case was filed. A 6-hour private mediation was held on Sept. 15, 1996, before Hon. Russell Bostrum, retired, of Judicate West. The plaintiff initially demanded $1 million, defendants initially offered approximately $85,000. At the conclusion of mediation, the plaintiff demanded $450,000 and defendants offered $300,000. A mandatory settlement conference was held on Nov. 4, 1998, before Hon. Soussan Bruguera (Dept. 61, now Dept. 71).


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