Facts

On Jan. 15, 2005, a disco ball fell on Michael Litvak's head while he danced with his daughter at a wedding reception. As a result, Litvak, his wife, Klara Litvak, and his daughters, Julie Bell and Natalie Shlafman, sued Pearl of Russia dba Russia House for premises liability, strict liability, negligence, and negligent infliction of emotional distress.

PLAINTIFF'S CONTENTIONS:
The plaintiffs claimed that a balloon tangled with the disco ball's chain, causing the ball and chain to fall.

DEFENDANT'S CONTENTIONS:
The defense agreed with the plaintiffs as to what caused the disco ball to fall, but alleged that it merely grazed Litvak's scalp.

Settlement Discussions

The plaintiffs demanded $750,000 and the defense offered $200,000.

Damages

Litvak requested $206,882 in economic damages of which 56,924.57 was for Zomig induced heart attack treatment. Defense disputed the claim as entirely unrelated to the 1-15-05 trauma.

Injuries

The plaintiffs' injuries included aggravation of a preexisting migrane headaches condition, closed head injury, mild cognitive deficit, concussion, emotional distress, partial loss of hearing, loss of consortium, cervical strain, and a mild heart attack brought on by increased Zomig use.

Result

The parties agreed to a settlement amounting to $410,000.

Other Information

Burlington Insurance Co. insured Pearl of Russia.