Confidential
Settlement – $400,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Robert C. Baker
(Baker Keener & Nahra LLP)
Facts
On Nov. 21, 1995, plaintiff was in her yard at home when her brother-in-law, the defendant, drove up with plaintiff's husband. The plaintiff's husband had recently suffered a fall when at lunch with defendant. The defendant told plaintiff that her husband was going to drive a car away from the house. The plaintiff did not want her husband to drive in his condition. Her husband then turned and began walking away. The plaintiff alleged that the defendant then assaulted her causing multiple contusions and sprained her ankle. The defendant claimed that the plaintiff assaulted him and he was only trying to fend her off when she fell. The defendant claimed that he suffered a hernia as a result of the alleged attack by plaintiff. The plaintiff brought this action against the defendant based on assault and battery theories of recovery. The defendant filed a cross-complaint for assault and battery.
Settlement Discussions
The defendant made an offer of $200,000 just before the first scheduled trial. The plaintiff declined.
Specials in Evidence
$30,000 (plaintiff) $900,000 (plaintiff)
Other Information
The settlement was reached approximately two years after the case was filed. A 4+-hour mediation was conducted by retired judge Arleigh Woods of ARC resulting in the reported settlement.
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