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CONFIDENTIAL

Jul. 10, 1999

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

Confidential

Settlement –  $110,000

Judge

James J. Alfano

Court

Orange Superior


Attorneys

Plaintiff

Keith P. More
(Bentley & More LLP)


Defendant

Robert L. Reisinger
(Ford, Walker, Haggerty & Behar LLP)


Experts

Plaintiff

Michael J. Einbund M.D.
(medical)

Jens Dimmick
(medical)

Defendant

Jerry L. Hildreth
(technical)

Facts

On March 20, 1997, at approximately 9:45 a.m., the plaintiff, a 52-year-old landscapper, was in the course and scope of his employment as a landscaper at a church. The defendant was installing light poles in the parking lot and left a hole uncovered for five minutes. The plaintiff stepped off a grass island and fell into the hole. The plaintiff brought this action against the defendants based on negligence.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $150,000. The defendants made a C.C.P. º998 offer of compromise for $15,000.

Specials in Evidence

$20,500 $12,800

Injuries

The plaintiff sustained a torn rotator cuff of his right shoulder, requiring surgery and a torn right knee lateral meniscus requiring arthroscopic surgery.


#86655

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