Confidential
Settlement – $0Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
David A. Belofsky
(Belofsky Law Group PC)
Experts
Plaintiff
Bernard Endres
(technical)
Defendant
Herbert R. Summers
(technical)
Facts
In November 2001, plaintiff Esmeralda Nunez, a 28-year-old housekeeper, was a resident of defendant Casa Del Sol Townhomes apartments in Ontario. While holding her 30-pound son in her left arm and the handrail of the interior staircase with her right hand, she fell and injured her right ankle while going down the stairs.
Settlement Discussions
The plaintiff made a demand of $150,000 which was reduced to $18,000.
Injuries
The plaintiff suffered a non-comminuted fracture of the posterior medial malleolus and distal fibula in her right ankle. She had open reduction and internal fixation surgery. She claimed she continues to have pain, swelling and numbness in her ankle. Her past medical specials were $11,730. No loss of earnings was claimed.
Result
On the eve of trial, the plaintiff agreed to dismiss her claim in exchange for defendant's waiver of costs.
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