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CONFIDENTIAL

Jan. 24, 1998

Personal Injury
Premises Liability
Trip and Fall

Confidential

Settlement –  $150,000

Judge

H. Warren Siegel

Arbitrator

Theodore S. Wentworth Jr.

Court

Orange Superior


Attorneys

Plaintiff

Mark B. Wilson
(Klein & Wilson)


Defendant

Kellie L. Terhufen
(Law Offices Muhar, Garber, Av & Duncan)


Experts

Plaintiff

Alexander D. Rosenstein
(medical)

Eugene D. Williams
(medical)

Melvin M. Friedlander
(technical)

Facts

On Oct. 10, 1996, plaintiff, a 47-year-old legal administrator/secretary, tripped and fell down the stairs and broke her wrist at a building owned by defendant. The plaintiff brought this action against defendant based on negligence and premises liability theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $65,000. The defendants made a C.C.P. º998 offer of compromise for $20,000.

Specials in Evidence

$30,547.85 $21,067.68 unknown unknown

Injuries

The plaintiff sustained a broken wrist which required three surgeries to repair. The plaintiff also claimed to suffer nerve damage as a result of the fall.

Other Information

The settlement was reached approximately one year and one month after the case was filed. MEDIATION: A mediation was held on Sept. 25, 1997 before Theodore S. Wentworth, Jr., Esq., of Wentworth, Paoli & Knight, resulting in an award of $186,000 plus costs. Defendants failed to file a request for trial de novo on time. Therefore, the court entered judgment for plaintiff. POST TRIAL MOTIONS: Defendants filed a motion to vacate the judgment, resulting in the reported settlement.


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