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CONFIDENTIAL

Jan. 8, 1994

Personal Injury (Non-Vehicular)
Premises Liability
Fall

Confidential

Settlement –  $350,000

Judge

Sheridan E. Reed

Court

San Diego Superior


Attorneys

Plaintiff

Gerald S. Davee

David K. Schneider
(Yunker & Schneider)


Defendant

Robert E. Gallagher Jr.


Experts

Plaintiff

Roberta J. Spoon
(technical)

William M. McDade
(medical)

Peter Imandt
(technical)

Defendant

Stanley C. Livingston
(technical)

Peter B. Wile
(medical)

Brad Gessner
(technical)

Facts

On October 7, 1991, Plaintiff, a 58-year-old engineer, was a convention speaker at Defendant hotel convention center; he spoke at the morning session. A speakers platform was created. The platform was placed against a wall, and a large portion of it was covered by a floor-to-ceiling curtain. Behind the curtain, there was a floor-to-ceiling void of approximately 10 inches. At the conclusion of the speeches, audience members came on to the stage to converse with the presenters. As guests came forth, Plaintiff moved to the rear of the stage. As he moved back, he put his left hand out against the curtain and fell into the void. The platform was designed with brackets for placement of handrails, to prevent anyone from falling off. The handrails had not been put in place (by the crew who assembled the platform) until after this incident. The handrails were put in place for the afternoon meetings.

Settlement Discussions

Plaintiff contends they demanded $500,000 and Defendants initially offered $200,000.

Specials in Evidence

$20,952 $20,710 $72,127-166,491

Injuries

A large peduncular herniated disc fragment which projected off the L4-5 disc down to the L5-S1 level requiring surgical removal and a 2-level lumbar laminectomy at L4-5 and L5-S1; following surgery, Plaintiff was diagnosed with a neurogenic bladder requiring medication and treatment; residual reflex loss, loss of strength and motion of the left foot and left toe; Plaintiff claimed reduced earning capacity.

Other Information

The settlement conference was held before Judge Cary Miller, pro tem.


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