Confidential
Settlement – $91,000Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Steven B. Stevens
(Michels & Lew)
Defendant
Leslie S. McAfee
(Law Offices of Leslie S. McAfee)
Experts
Plaintiff
Jacob E. Tauber M.D.
(medical)
Defendant
Deborah M. Forrester
(medical)
Facts
Plaintiff, a 56-year-old self-employed word processor went to Defendant's gas station in Van Nuys. She pulled into the self-serve island. After traversing the area two times, she slipped and fell on what she alleged was a greasy substance on the concrete.
Settlement Discussions
Plaintiff contends they demanded the $300,000 policy limits prior to trial and Defendant offered $100,000 at the mandatory settlement conference (rejected by Plaintiff).
Specials in Evidence
$27,000 $8,000 $50,000
Injuries
Torn medial meniscus and compression injury to the back -- both requiring future surgeries.
Other Information
There was a $300,000 insurance policy. Just before the trial, the Defendant's carrier (non-admitted Georgia company) went into liquidation; therefore, there was no coverage for this claim. The case went to trial; both sides waived the jury and the court reporter. The Court trial before the Honorable Leon Kaplan in Van Nuys Superior Court took place in September of 1993. The Court declared that the Plaintiff was impeached by a tape recorded statement given to the insurance company prior to litigation in which Plaintiff stated that her daughter did pump the gas. The Court found a gross award of $174,000 ($87,000 economic and $87,000 non-economic with 50% comparative fault against Plaintiff). The net verdict was $87,000 plus $3,150 in recoverable costs for a total of $90,150. The case then settled for Defendant's payment of $91,000 in exchange for satisfaction of judgment, one day before the Court-ordered judgment debtor examination.
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