Confidential
Settlement – $55,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Tobin J. Trobough
(Carroll Kelly Trotter Franzen Mckenna & Peabody)
Facts
Plaintiff, a 29-year-old finish carpenter, was injured on July 25, 1995 when he climbed on top of a locked metal gate in an effort to unlatch the gate. After reaching down and unlocking gate, the gate unexpectedly swung open causing plaintiff to fall on a protruding spike in the gate. Plaintiff sustained a severe laceration to his right wrist, resulting in severance of his ulnar nerve. Plaintiff retained defendant attorneys to represent him in this injury action. The defendants attempted to file the complaint on the last day prior to the running of the statute of limitations. However, when the courier service attempted to file the compaint on the last day, it was rejected becasue it was not accompanied by a Certificate of Assignment as required by the Orange County Superior Court Local Rules. The plaintiff brought this action agaisnt the defendants based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $70,000. The defendant made a C.C.P. º998 offer of compromsie for $20,000.
Other Information
The settlement was reached approximately one year and one month after the case was filed.
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