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CONFIDENTIAL

Mar. 22, 2005

Personal Injury
Premises Liability
Stairs

Confidential

Settlement –  $0

Judge

Mary E. Fuller

Court

San Bernardino Superior


Attorneys

Plaintiff

Debra L. Koven

Frank R. McNally


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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