This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Oct. 2, 1999

Personal Injury (Non-Vehicular)
Premises Liability
Negligence

Confidential

Settlement –  $25,000

Judge

John A. Clark

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Robert Grey Johnson Jr.


Defendant

Edor G. Anderson III
(Raffalow, Bretoi, Lutz & Stele)


Facts

On Nov. 27, 1996, the plaintiff, a 52-year-old partner and driver of a limousine service, was working out at the defendantÆs exercise facility. He was using a rowing machine manufactured by the defendant manufacturer and maintained by the defendant maintenance company when one of the machineÆs belts snapped, causing the plaintiff to be thrown backwards off the bench. The plaintiff landed on the cement floor, severely twisting his neck and back. The impact also knocked him unconscious. The plaintiff brought this action against the fitness center, the manufacturer of the rowing machine and the maintenance company based on negligence. The defendant fitness center and the manufacturer were dismissed before trial via summary judgment.

Settlement Discussions

The plaintiff made an initial settlement demand for $40,000. The defendant made an initial settlement offer of $12,500.

Specials in Evidence

$16,250

Injuries

The plaintiff claimed he suffered permanent head, neck and back injuries, resulting in severe headaches on a periodic basis.

Other Information

The settlement was reached approximately one year and five months after the case was filed. A court-ordered mediation was held on April 16, 1999 before Allan H. Cutler, Ph.D., of Los Angeles Superior Court, West District, resulting in the reported settlement.


#96532

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390