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CONFIDENTIAL

Jan. 28, 1995

Personal Injury (Non-Vehicular)
Premises Liability
Slip and Fall

Confidential

Settlement –  $300,000

Judge

William Huss

Court

L.A. Superior Central


Attorneys

Plaintiff

Taras Kick
(The Kick Law Firm APC)


Defendant

Bruce M. Gubersky


Experts

Plaintiff

Kenneth A. Solomon
(technical)

Terence S. McGee
(medical)

Myles L. Saunders
(medical)

Defendant

Duke E. Hanna
(medical)

Facts

On June 22, 1991, Plaintiff, a 34-year-old furniture upholsterer, fell on the outside brick steps leading to his leased duplex, when the handrail became dislodged. At the time, the Defendant lessor was incarcerated for cocaine-related offenses and had previously attempted to quitclaim the property to his sister, also a Defendant. The Court granted Plaintiff's motion to amend the complaint to add punitive damages based on Defendant lessor's willful and conscious disregard (three cocaine-related convictions).

Settlement Discussions

Plaintiff contends that his demand was for the policy limit of $300,000 and Defendants offered $40,000; increased to $300,000 policy limit.

Specials in Evidence

$98,000 not claimed $5,000

Injuries

Aggravation of spondilolysthesis at L1-S1 requiring laminectomy surgery in 1994.


#86378

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