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CONFIDENTIAL

Jul. 25, 1998

Personal Injury
Premises Liability
Fall

Confidential

Settlement –  $8,000

Judge

Ben T. Kayashima

Court

San Bernardino Superior


Attorneys

Plaintiff

Steven C. Robinson


Defendant

Peter A. Mittenthal


Facts

On May 5, 1996, plaintiff, a 39-year-old cafeteria worker, fell while roller skating at defendant's rink when defendant's floor guard, also skating on the rink, collided with the plaintiff after an unknown skater lost his balance and grabbed the floor guard's shirt. The defendant claimed that this caused the guard to pivot and strike the plaintiff. The plaintiff brought this action against the defendant based on negligence and premises liability theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $10,000. The defendant made a C.C.P. º998 offer of compromise for $8,000.

Specials in Evidence

$3,990 $3,000

Injuries

The plaintiff suffered a fractured right, major wrist with closed reduction, splint and a cast for three months, plus physical therapy.

Other Information

The settlement was reached approximately one year and two months after the case was filed. ARBITRATION: A non-binding arbitration was held on March 18, 1998, before Douglas Mori of Parker Stanbury resulting in a $10,000 award to the plaintiff. The defendant requested a trial de novo.


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