Confidential
Settlement – $300,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Patrick C. Quinlivan
(Tredway Lumsdaine & Doyle LLP)
Experts
Plaintiff
Carl E. Englund
(technical)
David M. Lechuga Ph.D.
(technical)
Wilfredo T. Escober
(medical)
Alan Boroskin
(technical)
Defendant
Paul R. Lees-Haley
(medical)
Richard D. Dauben
(medical)
H. Harvey H. Cohen
(technical)
Facts
In February 1992, the plaintiff, a 9-year-old boy, was riding his bicycle at the rear portion of the defendant apartment complex. The rear hill is 60-foot long at 45 degrees angle with a worn trail commonly used to access walking trail in canyon below. The plaintiff went down the hill, fell, hitting his head. The plaintiff claimed that the defendant had prior notice of accident involving child and tenant complaints about the hill. The plaintiff brought this action against the defendant based on negligence and failure to warn.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $1 million (policy limit). The defendant made a C.C.P. º998 offer of compromise for $75,000 (structured over 40 years).
Specials in Evidence
$92,000 $30,000
Injuries
The plaintiff sustained traumatic brain injury with residual right side hemiparesis and mild residual cognitive impairment.
Result
Please provide the city of locale of and full name of experts __________ LeChuga ______________ (city), __________________ Escobar _____________ (city), Alan Boroskin _______________ (city), Dr. ______________ England ________________ (city), Robert Griswald _________________ (city), Alan Klein _______________ (city)
Other Information
A 1-day mediation was held before Judge Richard Beacom of JAMS resulting in no settlement.
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