Confidential
Settlement – $125,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
James F. McMullen
(medical)
Alan S. Berman
(medical)
Marc A. Morin
(medical)
Facts
On June 26, 1996, the plaintiff, a 36-year-old training and development coordinator, stopped at the defendant's grocery store in Lake Forest on her way home from work to pick up some food for dinner. Using a hand carry basket, she walked through the store picking up a few items. As she was walking toward the check stand, she slipped and fell. After getting back up, she felt something hard and slippery under her foot, and found a piece of clear glass, about the size of a pencil eraser, imbedded in the bottom of her shoe. This appeared to be a piece of broken glass from a bottle or jar. The plaintiff brought this action against the defendants based on premises liability and negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $__________. The defendants made an offer of compromise for $_____________.
Specials in Evidence
$17,479.10 $2,028.40
Injuries
The plaintiff suffered disc herniation at L4-5 with 3.5-4 mm right posterolateral disc protrusion with mild right foraminal stenosis, right knee pain, pain radiating from her low back down her right leg into her right foot, numbness and tingling from the low back down the right leg into her foot. She had three lumbar epidurals, arthroscopic surgery of the right knee and "lateral retinacular release, rescetion of plica and physical therapy. She claimed continuing pain in her low back, radiating down her right leg and some residual pain in her right knee.
Other Information
The settlement was reached approximately 11 months after the case was settled. ARBITRATION: An arbitration was held on April 1, 1998, before Roy Comer, Esq. of the Law Firm of Rivers J. Morrell III, resulting in an award to plaintiff of $139,507.50.
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