Confidential
Settlement – $175,000Court
L.A. Superior Central
Attorneys
Plaintiff
Michael R. Rhames
(Law Offices of Michael R. Rhames PC)
Defendant
Mark R. Weiner
(Mark R. Weiner & Associates)
Experts
Plaintiff
Stephen C. Wexler
(technical)
Gary L. Painter
(medical)
Defendant
Milton E. Ashby
(medical)
Facts
On July 5, 1994, between 8:30 and 9 p.m., the plaintiff, a 53-year-old nurse, was descending the exterior stairs from her second floor apartment in an apartment building owned by the defendant. A "security light" had been installed by the defendant but had been positioned on the roof in such a way that the illumination from the light did not fall fully on the exterior stairs. As a result of the lack of illumination, the plaintiff was unable to see a foreign object, believed to be a charcoal briquette, which lay on a step. The plaintiff unknowingly stepped on the briquette, lost her balance and fell approximately 10 steps to the landing below. The plaintiff brought this action against the defendant based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $250,000. The defendant made no initial settlement offers.
Specials in Evidence
$19,820 $9,193 $10,000 $10,000
Injuries
The plaintiff alleged she sustained an oblique fracture of the distal one-third shaft of the fibula with comminution and posterior displacement of the distal major fragments, a transverse fracture of the medial melleolus with displacement, a non-displaced fracture of the right posterior melleolus of the fibula, and soft-tissue injuries to the back, buttocks and legs.
Other Information
The settlement was reached approximately one year and eight months after the case was filed. An arbitration was held on Feb. 11, 1997 before Steven Saur resulting in an award of $175,000. The defendant requested a trial de novo. The case was subsequently settled for $170,000 "new money." (The defendant had advanced the plaintiff $5,000 earlier in the litigation.)
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