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CONFIDENTIAL

May 4, 2004

Personal Injury
Premises Liability
Negligent Maintenance

Confidential

Settlement –  $500,000

Judge

Michael E. Ballachey

Court

Alameda Superior


Attorneys

Plaintiff

Roger W. Patton


Defendant

Luanne Rutherford
(Wilson, Elser, Moskowitz, Edelman & Dicker LLP)


Experts

Plaintiff

Richard A. Nolan
(medical)

Donald Pearman
(technical)

Defendant

Victor A. Prieto
(medical)

Facts

Plaintiff Kate Oliver was standing on the second story deck at her apartment when the deck railing collapsed. She fell 20 feet to the ground and severely injured her right arm and head.

Specials in Evidence

$97,800 $30,000

Injuries

The plaintiff's right arm was fractured in four places and sustained a subdural hematoma.

Result

Two weeks before trial, plaintiff settled her claim for $500,000.


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