Confidential
Settlement – $130,000Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Ann M. Asiano
(Clark Hill LLP)
Joshua S. Goodman
(Goodman, Neuman & Hamilton LLP)
Facts
On April 26, 1997, the plaintiff, a 46-year-old electrical engineer, was shopping at defendant retail store, when
the defendantÆs employee allegedly dislodged an overhead shower door display from the shelves on which it
was hung. The display fell onto the plaintiffÆs arm, causing severe bruising, reflex sympathetic dystrophy and a
frozen shoulder.
Settlement Discussions
On June 14, 2000, the plaintiff sent a C.C.P. Section 998 demand for $149,999 to defendant retail store; $7,500 to marketing company and $5,000 to manufacturer. On July 11, 2000, the plaintiff settled with the manufacturer for $5,000. On July 18, 2000, the plaintiff settled with the marketing company for $5,000. In September 2000, the retail store made an offer of $75,000. On Sept. 15, 2000, in a mediation before Jack Williams, the plaintiff and defendant retail store settled this matter for $120,000 new money.
Specials in Evidence
approximately $25,000 $197,500 to date (disputed) $10,000
Other Information
The plaintiff was represented by three separate law firms before Bohn & Bohn substituted into the case on June 22, 1999.
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