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CONFIDENTIAL

Dec. 20, 1997

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

Confidential

Settlement –  $70,000

Judge

David W. Long

Court

Ventura Superior


Attorneys

Plaintiff

Irwin R. "Rob" Miller


Defendant

Diane M. Coe


Facts

On Sept. 28, 1996, plaintiff, a 49-year-old homemaker, was attending a wedding with her husband. As they were leaving the defendant hotel, plaintiff was walking along a designated cement walkway. The walkway terminated at a curb leading to the parking lot area. Immediately adjacent to the designated walkway, 2 feet into the parking lot area, was a 6-inch high concrete tire barrier. The plaintiff tripped over the concrete tire barrier and fell forward onto her knee, chest and face. The plaintiff brought this action against defendant based on negligence and premises liability theories of recovery.

Settlement Discussions

The defendant made an initial offer of $45,000, increased to $70,000.

Specials in Evidence

$14,850 (including fixed anterior bridge work) $14,400 (replacement of fixed anterior bridgework 3 times during lifetime)

Injuries

The plaintiff suffered three broken front teeth, lacerated hip requiring sutures, headaches, neck pain and pain in left knee.

Other Information

The settlement was reached approximately six months after the case was filed.


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