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CONFIDENTIAL

Apr. 13, 2004

Personal Injury
Trip and Fall

Confidential

Settlement –  $110,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Richard E. Schwartz

Robert A. Salinsky


Defendant

Alan L. Hershfield


Experts

Plaintiff

Brad Avirt
(technical)

P.A. Plunkett
(medical)

Defendant

Carl Sheriff
(technical)

Facts

On March 23, 2003, at 6:30 p.m., the plaintiff Martha Maldonado, together with her daughter, a passenger in the car, parked in a disabled parking lot stall at a shopping center located at 6235 York Boulevard, Los Angeles. The plaintiff exited her car and heard her daughter calling to her. The plaintiff walked to the front of the car, turned right and walked toward her daughter, and tripped and fell on a concealed tire stop on the right front of the car, falling hard to the ground and fracturing her femur.

Settlement Discussions

The plaintiff demanded $325,000; the defendant offered $30,000. The case settled for $110,000. Medical specials $85,000 to date. Possible $20,000 future for removal of hardwase.

Injuries

Fractured right oblique femur extending from the proximal third of the femur involving the tip of the femoral prosthesis, requiring open reduction surgery consisting of the placement of rods and screws for reattachment.

Other Information

The case was settled at a mediation session before Michael Berg.


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