Confidential
Settlement – $90,000Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Experts
Plaintiff
Morris S. Farkas
(technical)
Jon B. Greenfield M.D.
(medical)
Defendant
Keith E. Liberman M.D.
(medical)
Facts
On Feb. 11, 1998, plaintiff, a 40-year-old part-time actress and voice-over talent, went to defendantÆs warehouse-
style retail outlet to purchase construction materials to remodel her residence. Plaintiff was unable to obtain
assistance loading her vehicle at the customer loading dock and attempted to load the vehicle herself.
Based upon the design of the customer loading dock and debris that was allowed to
remain on the surface, plaintiff stepped down to load her vehicle and twisted her ankle on the
debris. She suffered a non-displaced fracture of her right ankle and soft tissue injury to her neck
and lower back.
Settlement Discussions
<m>A court ordered mediation was held in July 1999 without results. At that time plaintiff indicated the case had a value in the high six figures. By mutual agreement, a mediation was held before Michael Moorhead on Feb. 15, 2000. Prior to the mediation, plaintiff had filed a C.C.P. Section 998 for $250,000. Defendant had made no offer, but had previously indicated an evaluation of $10,000. At the mediation, plaintiff lowered her demand to $200,000 and the defendant offered $20,000. After over four hours of negotiations, the case was finally settled for $90,000.</m>
Specials in Evidence
$8,488.70
Damages
The plaintiff alleged a work "slow down" in her career. She estimated her loss of earnings in six figures. The defendants claimed she suffered no loss of earnings, her lost earnings claim was speculative and there was no basis for any claim.
Injuries
Non-displaced fracture to right ankle requiring soft cast and immobilization for six weeks, soft tissue injury to neck and back.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390