Confidential
Settlement – $83,000Court
L.A. Superior Long Beach
Attorneys
Plaintiff
James T. Biesty
(Biesty, Garretty & Wagner)
Defendant
Facts
On Aug. 13, 1992, the plaintiff, a 20-year-old trainee in a federal forrestry job training program, was descending a flight of outside concrete stairs at the defendants' apartment complex when he leaned on a metal handrail that came loose, causing him to fall. He had been temporarily living with his mother at the apartment complex. The plaintiff brought this action against the owners of the apartment complex based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $99,500. The defendant made no settlement offers.
Specials in Evidence
$8,712.25 $45,000 (disputed) $15,000 to $30,000 (back surgery)
Injuries
The plaintiff claimed he suffered lower-back pain, contusions and back strain, requiring discectomy and laminectory at two levels in his lower back.
Other Information
The settlement was reached approximately four years and two months after the case was filed. An arbitration was held before Judge Lloyd Blanpied Jr., retired, resulting in a $99,500 award. The defendant requested a trial de novo.
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