Confidential
Settlement – $25,000Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
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.
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