Confidential
Settlement – $52,500Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Charles E. Turnbow
(technical)
Jamshid J. Hekmat M.D.
(medical)
Defendant
Ned Wolfe M.E.
(technical)
Jeffrey A. Berman
(Seyfarth Shaw LLP)
(medical)
Facts
The plaintiff, a 58-year-old female press operator, resided in the second story of a duplex, while the defendant owner, a pastor of a church and the owner of numerous low-income housing apartment, resided on the first floor with his defendant wife. Prior to the defendants' purchase of the property in July 1993, scaffolding was placed in the plaintiff's apartment to repair her ceilings. The scaffolding caused numerous tears in her carpeting. In October 1993, the defendant owner covered 13 tears in the carpeting with duct tape measuring approximately 8+ by 14 inches in each area, after plaintiff's numerous complaints to the defendants to remove or replace the carpeting. The plaintiff complained about the duct tape to the defendants to no avail. In June 1994, the plaintiff stepped on the duct tape and fell on her knee. Thereafter, the defendants placed non-stick strips of tape over the duct tape and refused to remove or replace the carpet. In February 1995, the Department of Building and Safety cited the defendants for six violations of the Los Angeles Municipal Code. Ten months after the plaintiff fell, the defendants replaced or patched the carpeting. The plaintiff brought this action against the defendants based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $65,000, raised to $100,000. The defendant made an initial settlement offer of $5,000, followed by a C.C.P. º998 offer of compromise for $7,500.
Specials in Evidence
$31,151 $4,214
Injuries
The plaintiff alleged she suffered a torn medial meniscus, requiring arthroscopic surgery.
Other Information
The settlement was reached approximately one year and six months after the case was filed. A settlement conference was held on Nov. 19, 1996 before Judge Suguera resulting in the reported settlement. The plaintiff successfully moved to exclude the defendants' expert radiologist.
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