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CONFIDENTIAL

Jul. 27, 2004

Personal Injury
Premises Liability
Wrongful Death

Confidential

Settlement –  $955,000

Judge

Gregory W. Alarcon

Court

L.A. Superior Central


Attorneys

Plaintiff

Joy L. Barwick

Michael L. Kelly
(Kirtland & Packard LLP)


Defendant

Thomas M. Phillips
(Phillips Firm)

Michael A. Kramer

Timothy E. Kearns
(Jay S. Rothman & Associates)

Joseph Y. Geri
(Law Office of Tracey Lazarus)


Experts

Plaintiff

Paul F. Youngdahl
(technical)

John C. Kelly
(Carroll, Kelly, Trotter & Franzen) (medical)

David Marshall
(medical)

Facts

In November 2002, 20-month-old Crystal Bae was playing with her 3-year-old sister, Julie, in their third-story apartment unit in Los Angeles. Crystal fell out of a window to the ground below. She died in her mother's arms. Crystal's parents, Hae Jeang and Kevin, and Julie sued the apartment building's landlord, Berendo Group LLC.

Settlement Discussions

On the eve of trial, the parties settled the case for $955,000.

Damages

The plaintiffs claimed $4,400 for burial expenses; $42,500 for future psychological counseling for the family; and $25,000 for loss of earnings to Kevin's business.

Injuries

The plaintiffs claimed damages for Crystal's wrongful death. Hae Jeang and Julie, who were in the apartment at the time, suffered emotional distres from witnessing the fall.


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