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CONFIDENTIAL

Nov. 26, 1994

Personal Injury (Vehicular)
Bicycle Accident
Dangerous Condition of Public Property

Confidential

Settlement –  $575,000

Judge

R. William Schoettler Jr.

Court

L.A. Superior Torrance


Attorneys

Plaintiff

David E. Klein


Defendant

Louis E. Marino


Experts

Plaintiff

Mack Cheney
(medical)

Meredith August
(medical)

Allen L. Weber
(technical)

Robert M. Wilson M.D.
(medical)

Anthony Tolentino
(medical)

Sean Collinsworth
(technical)

Isaac Comfortes
(medical)

Nelman C. Low
(medical)

Defendant

William Glikman
(technical)

Jeffrey L. Rosenberg
(medical)

William K. Solberg
(medical)

Gerald P. Bretting
(technical)

S. Andrew Schwartz M.D.
(medical)

Facts

On April 3, 1992, Plaintiff, a 22-year-old waitress and part-time student, was riding her bicycle to work in Defendant city. At approximately 5:30 p.m., while it was still light, her bicycle came in contact with a raised portion of the street, causing her to be thrown over the handlebars and onto the pavement. Plaintiff landed on her face, slid along the asphalt, and came to rest on her back. Plaintiff had not been on this street, prior to the date of this accident.

Settlement Discussions

Plaintiff contends she demanded $750,000 and Defendant offered $350,000.

Specials in Evidence

$45,000 not claimed $20,000

Injuries

Multiple facial fractures requiring open reduction internal fixation (permanent metal plate in her chin); TMJ; Plaintiff also required extensive dental restoration including a future need for crowns and root canals; compression fracture at T6-8 requiring a 6-month back brace; emotional distress and depression requiring psychotherapy.


#83408

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