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CONFIDENTIAL

Dec. 19, 1998

Personal Injury
Product Liability
Manufacturing Defect

Confidential

Settlement –  $100,000

Mediator

Joseph J. Iacopino

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Armando J. Berriz
(Berriz Law Group APC)


Defendant

William E. McCormick

William O. Woodland


Facts

On March 26, 1996, plaintiff, a 27-year-old skilled laborer, was riding his mountain bike, in Canada, when the front fork sheared at the drop-outs causing the front wheel to detach and plaintiff to lose control. The plaintiff was wearing a helmet and was an experienced rider. The defendants initiated a full-scale recall four days after plaintiff's incident. The plaintiff brought this product liability action against the defendants based on negligence and strict liability theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $_____. The defendant made a C.C.P. º998 offer of compromise for $_____.

Specials in Evidence

$24,407 $31,200

Injuries

The plaintiff suffered a clavicular fracture. He also claimed delayed union, with open reduction surgery; neck and back strains; TMJ; concussion; numbness in genitals; blurred vision (temporary); severe depression and anxiety attacts; and loss of bladder control.

Other Information

The plaintiff's case settled at the court ordered mediation before Joseph Iacopino, (Pacific Palisades). Both defendants continue to litigate the indemnity issues.

Length

3½ hours


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