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CONFIDENTIAL

Oct. 16, 1999

Personal Injury (Non-Vehicular)
Excessive Force
Negligence

Confidential

Settlement –  $100,000

Judge

Daniel S. Pratt

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Dieter Zacher


Defendant

Alan B. Nishimura

Sang Hyun Kang


Experts

Plaintiff

Arnold D. Purisch M.D.
(medical)

H. Ronald Fisk M.D., Ph.D.
(medical)

Facts

On Oct. 18, 1997, the plaintiff's husband, who allegedly had a gambling problem, was gambling at the defendant casino. The plaintiff, a 39-year-old Korean woman, located her husband at the casino and approached him. An altercation ensued, in which the plaintiff began screaming in Korean and attempting to pull her husband's hair. Two security guards, employed by the defendant security company, which provided security at the defendant casino, escorted the plaintiff out of the building. The plaintiff alleged the defendant casino's employees told the plaintiff's husband to hide until it was safe for him to leave. Meanwhile, the plaintiff attempted to get back into the casino or call the police. The plaintiff could only speak Korean, and the security guards could not understand her. As the guards re-entered the casino, the plaintiff attempted to walk between them. One of the guards grabbed her by the shoulders, put his right leg behind hers and pushed her backwards onto the concrete floor. The plaintiff lost consciousness. When she awoke, she was being escorted to the back office. Her injuries left her unable to walk without assistance, or to communicate, for several hours. The defendants left her lying on the floor in the office. Nobody called the paramedics or took her to a hospital. Finally, when she was able, the plaintiff drove home. The plaintiff brought this action against the casino, the owner of the casino Harry Hwang, and the security company, on negligence and excessive force theories of recovery.

Settlement Discussions

The plaintiff made an initial settlement demand for $250,000.

Specials in Evidence

$22,972.30 $_______________ $______________ $_______________

Injuries

The plaintiff claimed she sustained a right temporoparietal epidural hematoma, a cerebral concussion, multiple scalp and facial ecchymosis and contusions, contusions on both arms, a right-parietal skull fracture, post-traumatic disequalibrium, probable post-concussive labyrinthine syndrome and exacerbation of blurred vision. The plaintiff underwent a craniotomy for evacuation of the epidural hematoma, requiring two days of hospitalization and numerous tests. The plaintiff is left with mild brain damage with visual sequencing and integration difficulties. She suffered headaches, impaired vision, dizziness, loss of memory, irritability and mood swings.

Other Information

The settlement was reached approximately one year and seven months after the case was filed.


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