Confidential
Settlement – $275,000Mediator
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Facts
The plaintiff was residing in an apartment complex owned by the defendant. On Nov. 21, 1996, a maintenance employee of the defendant asked the plaintiff if he would assist in placing plastic material on the roof of the apartment building to prevent rainwater from leaking into an apartment. The maintenance man was directing the plaintiff in laying plastic sheeting on the roof and told plaintiff to move back two additional steps and place the sheeting on the roof surface. In following the directions, the plaintiff fell off the roof landing on the cement surface approximately 20 feet below.
Settlement Discussions
Prior to trial, the parties stipulated to mediation before Judge Jack Tenner, retired. The case was settled for the sum of $275,000.
Specials in Evidence
$52,000
Damages
The plaintiff's claims of future medical specials and past and future loss of income were disputed by defendants.
Injuries
The plaintiff sustained a comminuted fracture of the proximal ulna and radial head, a fracture of the distal radius, a fracture of the right thumb, a dislocation of the ulnar-humeral elbow joint and an undisplaced fracture of the right wrist. The combination injury is classified as a Monteggia fracture. The plaintiff was hospitalized and underwent surgery where the ulnar was secured with a DCT plate. Permanent residuals included a slight contracture of right wrist. Restriction in range of motion of the elbow and right wrist and a reduction in grip strength.
Other Information
The settlement was reached approximately one year and nine months after the case was filed.
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