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CONFIDENTIAL

Nov. 19, 1994

Personal Injury (Non-Vehicular)
School Incident
Dangerous Condition

Confidential

Settlement –  $100,000

Judge

Gregory C. O'Brien Jr.

Court

L.A. Superior Pomona


Attorneys

Plaintiff

Sandra Sugarman


Defendant

Louis E. Marino


Experts

Plaintiff

Jan H. Merman M.D.
(medical)

Lori Waldinger
(technical)

Karen G. Schiltz
(medical)

Murray Grossan
(medical)

Herbert S. Gross
(medical)

Hyman Gross M.D.
(medical)

Michael S. Adams
(technical)

Alan Keith Miller
(technical)

Michael Gitter
(medical)

Defendant

Phillip J. Kanter
(medical)

Robert J. Spordone
(medical)

Martin D. Levine
(medical)

Lawrence Pleet
(medical)

Facts

On June 5, 1991, Plaintiff, a 16-year-old junior in high school, was operating a universal weight machine during class. As she pulled down on the metal "LAT" bar, the cable disengaged, causing the bar which had been holding 50 pounds of weight to be pulled down onto Plaintiff's head. The week prior to the subject incident, an independent contractor was hired by Defendant school to reupholster and replace the cable covering on this machine.

Settlement Discussions

Plaintiff contends she made a 998 demand in the amount of $178,000 and Defendant offered $40,000.

Specials in Evidence

not disclosed not claimed

Injuries

Head trauma requiring examinations, evaluations and resulting in mild brain dysfunction.


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