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CONFIDENTIAL

Jan. 16, 1999

Personal Injury
Premises Liability
Slip and Fall

Confidential

Settlement –  $637,500

Judge

Enrique Romero

Court

L.A. Superior Central


Attorneys

Plaintiff

Geoffrey S. Wells
(Greene, Broillet & Wheeler LLP)

R. Browne Greene
(Greene, Broillet & Wheeler, LLP)


Defendant

Mark A. Weinstein
(Veatch Carlson LLP)


Experts

Plaintiff

Stanley Weiss
(medical)

Anthony Mesa
(technical)

Jeffrey Wheeler
(technical)

Marcus Hockberg
(medical)

Wes Pabst
(technical)

Defendant

Arthur P. Kowell M.D., Ph.D.
(medical)

Tony L. Strickland Ph.D.
(medical)

Facts

On Dec. 6, 1998, plaintiff, a 62-year-old office manager, was dining at defendant restaurant with her daughter. At some point during the meal, plaintiff sought to utilize the restroom facilities of the restaurant which were located upstairs. Upon attempting to return to her table after using the restroom, plaintiff was severely injured as a result of falling down the entire flight of stairs and hitting her head against the wall at the bottom of the landing. Plaintiff lapsed into a coma as a consequence of her fall and was hospitalized in critical care for over two months. Plaintiff had no recall of the accident or how it happened. The plaintiff brought this action against the defendant based on a premises liability theory of recovery. Plaintiff's husband had a claim for loss of consortium.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $1 million. The defendant made no offers

Specials in Evidence

approximately $200,000 disputed disputed

Injuries

The plaintiff claimed she suffered a brain injury with loss of some higher cognitive functioning.

Other Information

The settlement was reached approximately one year and three months after the case was filed. A settlement conference was held on July 2, 1998, before Hon. Enrique Romero of Los Angeles Superior Court resulting in the reported settlement.


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