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CONFIDENTIAL

Jan. 10, 1998

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

Confidential

Settlement –  $166,600

Judge

Gary P. Ryan

Court

Orange Superior


Attorneys

Plaintiff

Sam M. Eagle


Defendant

Robert J. Rossi
(Homan & Stone)


Experts

Plaintiff

Peter Reynolds
(medical)

Defendant

Edward A. Abraham M.D.
(medical)

Facts

On Feb. 14, 1996, plaintiff, a 48-year-old optician, was exiting a restroom in a narrow, dark hallway where iron grating had been left on the floor. The plaintiff, following other women, did not see the metal bars and fell face forward on a concrete floor. The plaintiff brought this action against the defendant building owner based on negligence and premises liability theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $180,000. The defendant made a C.C.P. º998 offer of compromise for $100,000.

Specials in Evidence

$38,000 $15,000 $5,000

Injuries

The plaintiff suffered arthroscopic surgeries to the right knee, left wrist and left shoulder. Plaintiff's injuries were of an impinging, compressing type.

Other Information

The settlement was reached approximately nine months after the case was filed. SETTLEMENT CONFERENCE: A mandatory settlement conference was held on Nov. 21, 1997 before Lisa Pullen, Judge Pro Tem, resulting in the reported settlement.


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