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CONFIDENTIAL

Jul. 31, 1999

Personal Injury (Non-Vehicular)
Fall
Negligence

Confidential

Settlement –  $175,000

Judge

Leon S. Kaplan

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Andrew C. Bryman
(Bryman & Apelian)


Defendant

Kenneth E. Wright


Facts

On April 18, 1996, the plaintiff, a 61-year-old electrician, sustained injuries as a result of falling from a six foot aluminum A-frame ladder (manufacturer unknown) which was owned by defendant. The defendant was also the owner of Annex Warehouse Company where the subject incident occurred. When the defendant purchased the property in 1995, the ladder came with the property. Before this incident, the plaintiff had performed electrical work for the defendant, at the defendant's home and at the subject property.

Specials in Evidence

$30,000 $45,000 (disputed) $15,000-$30,000 (disputed) $15,000-$30,000 (disputed)

Injuries

The plaintiff sustained a trimalleolar fracture of his right ankle and other soft tissue damage. The plaintiff also made a claim of post-concussive syndrome. Due to post-traumatic arthritis, a tibial fusion was proposed.

Other Information

A settlement conference held before Herbert Ashby of Alternative Resolution Center, did not result in settlement. Before the mediation, the plaintiff served a C.C.P. º998 offer of compromise for $550,000. At the mediation, the defendant offered $125,000. After the mediation, the plaintiff served another C.C.P. º998 offer of compromise for $345,000.


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