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CONFIDENTIAL

Jan. 21, 1995

Personal Injury (Vehicular)
Premises Liability
Negligence

Confidential

Settlement –  $140,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Brian D. Ghiglia


Defendant

Clayton C. Averbuck

Raymond H. Williams

Daniel W. Johnson
(Berglund & Johnson Law Group)


Experts

Plaintiff

Richard E. Grossman
(technical)

Facts

On May 27, 1992, Plaintiff, a 42-year-old gardener employed by the city, was cleaning railway tracks at Defendant's miniature train facility. Plaintiff was wearing ear protectors and using a gas-powered blower. Defendant's train struck Plaintiff and fractured both ankles.

Settlement Discussions

Offers and demands prior to this settlement were not disclosed.

Specials in Evidence

$37,616 $30,000 (approximately)

Injuries

Bilateral ankle fractures requiring open reduction internal fixation on one ankle and closed reduction on the other; bilateral knee injuries requiring arthroscopic surgery, 6 months after the incident.


#86354

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