Confidential
Settlement – $35,000Court
San Francisco Superior
Attorneys
Plaintiff
Nicholas A. Carlin
(Phillips, Erlewine, Given & Carlin LLP)
Defendant
Experts
Plaintiff
James S. Breivis
(medical)
Stephen C. Wexler
(technical)
Facts
On December 14, 1993, the plaintiff, a 38-year-old owner of a chocolate business, was delivering several boxes of chocolates to the defendant hotel. The defendant hotel had a ramp leading from the loading dock to the parking area. The plaintiff walked down the ramp and slipped and fell about three-quarters of the way down. The plaintiff brought this action against the defendant based on premises liability and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $49,910. The defendant made a C.C.P. º998 offer of compromise for $15,000.
Specials in Evidence
$4,596
Damages
The plaintiff claimed $3,200 in lost business opportunity.
Injuries
The plaintiff alleged that she sustained a fractured left distal radius (wrist) requiring manipulation and traction a result of the accident.
Other Information
The settlement was reached approximately one year and six months after the case was filed. An arbitration was held on ___/___/19____ before Duane Grummer resulting in a defense award. The plaintiff requested a trial de novo.
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