Confidential
Settlement – $7,500Judge
Court
Riverside Superior
Attorneys
Plaintiff
Harry F. Scolinos
(Scolinos Sheldon & Nevell)
Defendant
Terry A. Rowland
(Demler, Armstrong & Rowland LLP)
Experts
Plaintiff
Robert Gundry
(medical)
Defendant
D. William Zaayer
(medical)
Facts
On February 22, 1993, the plaintiff, a 52-year-old retired market-executive, slipped on a spill at a food court in a shopping center. The plaintiff was recovering from two recent operations, a lumbar laminectomy and his second coronary bypass. (A witness working at an adjacent deli testified that a spill had been mopped up several minutes prior to the incident, but that the floor had been left wet and slippery.) The defedants, the shopping center owner and management and maintenance contractor denied knowledge of any prior spill or mop-up. (A housekeeper testified that she mopped up a spilled drink after the plaintiff's slip as soon as she was notified of the spill by another customer.) The plaintiff brought this action against the defendants based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a pre-trial settlement demand for $150,000. The defendants indicated a willingness to pay $50,000 to $75,000 if the plaintiff would reduce his demand. he refused to do so.
Specials in Evidence
$42,000 in excess of $15,000
Injuries
The plaintiff alleged that he sustained traumatic rupture of his sternum and sternum wires used post-bypass and head and neck injuries with residual headaches and severe physical limitations and pain as a result of the indicent.
Other Information
The settlement ws reached approximately _______ years and ______ months after the cae was filed. The case proceeded to trial, but during the plaintiff's cross-examination covering a lengthy and detailed prior medical, accident and claims history, was impeached repeatedly. At the end of his cross-examination the plaintiff developed cardiac symptoms, thought he was having another heart attack and was taken to the hospital. The defendants then agreed to settle the case for $7,500 for a full release and dismissal to avoid a mistrial. Per the defendants, the jurors interviewed after being discharged expressed serious questions about the plaintiff's liability and damage claims and indicated the plaintiff was unlikely to have received any verdict.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390