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CONFIDENTIAL

Jan. 29, 2000

Personal Injury (Non-Vehicular)
Premises Liability
Fall

Confidential

Settlement –  $750,000

Judge

Howard J. Schwab

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Robert Berke

Anthony J. Crawford


Defendant

I. Donald Weissman
(Weissman Law Firm)


Experts

Plaintiff

Mack A. Quan
(technical)

Chadwick E. Smith
(medical)

Defendant

Harvey L. Friedlander
(medical)

Allan Keith Miller
(technical)

Facts

On Dec. 22, 1995, plaintiff, then age 62, went to defendant warehouse to estimate a bid for patching and repairing the warehouse roof. The plaintiff claimed that the hatch access to the roof was in disrepair and could not be opened with the minimal pressure usually required. When plaintiff was descending the ladder and attempting to close the hatch to secure the premises, he fell 22 feet onto the concrete, landing on his left leg, fracturing his feet and ankles. The plaintiff was hospitalized with multiple surgeries including hip replacement surgery.

Settlement Discussions

The case settled on Oct. 25, 1999. The case was mediated by Jeffrey Krivis. At an earlier mediation, plaintiff demanded $2 million. Defendants made a C.C.P. Section 998 offer of $150,000.

Injuries

The plaintiff suffered fractured bones in each ankle and his hip socket and at T7, L3 and L5.


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