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CONFIDENTIAL

Apr. 20, 2004

Personal Injury
Premises Liability
Respondeat Superior

Confidential

Settlement –  $125,000

Judge

J. Stephen Czuleger

Court

L.A. Superior Central


Attorneys

Plaintiff

Douglas A. Rothschild


Defendant

Michael Schonbuch
(Schonbuch Hallissy LLP)

Toni L. Kern

Jason P. Tortorici
(Schilleci & Tortorici PC)


Experts

Plaintiff

George K. Henry Ph.D.
(medical)

Michael E. Gold M.D., F.A.A.N.
(medical)

Lee Zimmerman
(technical)

Defendant

Roger L. Langner
(technical)

Roger K. Light
(medical)

Barry I. Ludwig M.D.
(medical)

Facts

The accident that gave rise to the subject suit occurred inside a downtown Los Angeles nightclub called "The Stock Exchange." The defendant Consolidated is the operator of The Stock Exchange. The defendant Garnet provided the nightclub with uniformed security services. On the date of the accident, Jan. 20, 2002 the plaintiff, Corona, was lawfully present at the nightclub. Corona entered the Stock Exchange between the hours of 9 p.m. and 11 p.m. At approximately, 2 a.m., Corona was dancing with his girlfriend on the Stock Exchange's lower dance floor. Without warning, a fight broke out on the dance floor directly in front of Corona and his girlfriend. Corona neither started or was a participant in the fight. The fight escalated and the crowd assembled on the dance floor and surged toward the couple. In an effort to protect his girlfriend and himself from the fight and the crowd, Corona moved closer to the edge of the dance floor. From the Stock Exchange's second level, debris began raining down on the dance floor. Ice cubes, water, plastic cups and napkins all landed on or near Corona. Finally, a large metal chair was thrown over the Stock Exchange's second floor balcony. Without advance warning, the metal chair struck Corona on the right side of his head.

Settlement Discussions

The case settled at $125,000; the defendant Consolidated paid $110,000 and the defendant Garnet, $15,000.

Specials in Evidence

$17,422

Injuries

The plaintiff suffered a concussion and a severe laceration injury to his head. The injuries were followed by post-concussional headaches, dizziness, drowsiness and loss of memory. Additionally, the plaintiff suffered and continues to suffer from mild depression.


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