Confidential
Settlement – $200,000Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Michael A. Cholodenko
(Law Offices of Michael A Cholodenko)
Defendant
Experts
Plaintiff
Harvey Cohen
(technical)
Khalid Bashir Ahmed
(medical)
S.M. Reziaian
(medical)
Defendant
Reese E. Polesky
(medical)
Facts
On Christmas Eve, 1989, Plaintiff, a 53-year-old woman, was obtaining food at Defendant's salad bar when she slipped and fell on watermelon seeds on the tile floor. Plaintiff had a history of lower back problems. Although Plaintiff by trade was a bookkeeper, she had not been working on the date of loss and had questionable intent to resume working in the future. Plaintiff's husband testified that he witnessed the seeds on the floor.
Settlement Discussions
Plaintiff contends they demanded $400,000 and Defendant offered $100,000.
Specials in Evidence
$85,000 yes, unspecified $20-25,000
Injuries
Fractured coccyx requiring surgical removal; L4-S1 and L5-S1 disc bulge injury requiring percutaneous discectomy which failed necessitating future laminectomy and fusion (L3-S1); loss of bladder control from disc impingements; moderate bulge at L3-4; aggravation of preexisting bipolar emotional distress; chronic clinical depression and anxiety; future chiropractic treatments as well as psychological counseling for emotional distress injuries.
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