Confidential
Settlement – $20,000Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Nityanand Singh
(medical)
John Christian
(technical)
Facts
On April 3, 1995, the plaintiff, an employee of defendant retail store, had gone to the store to conclude some paperwork with regard to his promotion in the store from greeter to outside security. At that time, the plaintiff noticed a young man, also a defendant, whom he believed to be a "trouble maker." He commented to one of the store employees, that this was an invidivual to be watched. Later, the plaintiff again found himself talking to an employee at the entry/exit doors. The plaintiff was advised that the young defendant had been apprehended and was in the security office on an allegation of shoplifting. As they talked, defendant ran from the security office and the custody of defendant employee, and ran from the store. The defendant employee was initially unaware of the fact that the young defendant was being pursued by defendant's retail store security guard. The young defendant ran from the store and into the parking lot. The plaintiff recalled hearing a car skidding and began to move from the store out in the parking lot in order to give assistance to the young defendant who he believed had been struck by a car. The plaintiff was then struck hard in the back by defendant employee and knocked to the ground. The plaintiff brought this action against the defendants based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $44,450 in January 1997 and $9,999 in November 1997. The defendants made no offers until the eve of trial.
Damages
The plaintiff claimed he was unable to continue in his employment for approximately 5+ months. Total wage loss claim was $6,191.90.
Injuries
The plaintiff suffered a facial contusion, along with right knee and shoulder abrasions. He was taken from the scene by ambulance and hospitalized for six days.
Other Information
The settlement was reached approximately two years and 1+ months after the case was filed. An arbitration was held before Gil Ochoa, resulting in an award of $23,000 to plaintiff. The defendant requested a trial de novo.
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