Confidential
Arbitration – $258,623Arbitrator
Court
L.A. Superior Long Beach
Attorneys
Claimant
Respondent
Experts
Claimant
Jacob E. Tauber M.D.
(medical)
Respondent
Thomas M. Shery
(medical)
Facts
On July 2, 1995, claimant a 35-year-old attorney, was riding her bicycle on the San Gabriel River bike path in Long Beach, when the respondent's unleashed dog ran into her bicycle, causing her to be thrown from her bike. The claimant brought this action against the defendant based on negligence and the matter was submitted to binding arbitration. The respondent stipulated to liability but contested the nature and extent of the claimant's injuries. The claimant contended that she suffered a clavicle fracture with open reduction and internal fixation; future hardware removal; pseudoarthrosis (possibly congenital); shoulder impingement syndrome with arthroscopic subacromial decompression and T.M.J. The respondent contended that the pseudoarthrosis and shoulder impingement were not caused by the subject accident.
Settlement Discussions
The claimant made a settlement demand for $150,000 increased to $300,000 (policy limits). The respondent made an offer of $45,000 increased to $125,000 the day before arbitration.
Specials in Evidence
$47,232.37 $2,450 $7,842 (disputed) $20,950 (disputed)
Damages
Property damage of $388.49.
Other Information
The award was reached approximately two years after the case was filed. The matter against the dog owner was submitted to binding arbitration with a high of $300,000 policy limits and a low of $45,000. ARBITRATION: A prior court-ordered arbitration against the landlord of the premises where the dogs were kept resulted in a respondent's award (Honorable Robert Einstein, presiding.) The claimant requested a trial de novo, and ff eventually settled with the landlord for $2,500.
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