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

Jun. 22, 2002

Personal Injury (Non-Vehicular)
Premises Liability
Slip and Fall

Confidential

Settlement –  $667,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Harry O. Schenk

C. Michael Alder
(AlderLaw PC)


Defendant

Dale A. Amato
(Berger Kahn)

Michael J. Zuckerman
(Office of the Los Angeles City Attorney)

Ronald A. Dwyer


Experts

Plaintiff

Frederic G. Nicola M.D.
(medical)

Stephen I. Rosen
(technical)

Gerald M. Halweg
(technical)

Lawrence Miller M.D.
(medical)

Defendant

Mack A. Quan
(technical)

Arthur P. Kowell M.D., Ph.D.
(medical)

Facts

The plaintiff was walking to lunch when he slipped and fell on a granite tile sloping handicap ramp in front of an
office building. The plaintiff contended that the tiles in the handicapped area were removed and replaced
without permits, and that the replacement tiles were slippery and not properly secured on the ramp, that the
ramp was excessively sloped and that the ramp area was poorly designed.
The defendants contended that the tiles were not slippery and the defendant owners and management company
stated that they relied upon their contractor to select and install the tiles. They also contended that testing
before and after the slip and fall proved that the tiles were not slippery.

Settlement Discussions

At a voluntary mediation before Judge Russell Bostrum at Judicate West, the defendants in the aggregate offered $200,000. The plaintiff later settled with the defendant, owners and management company individually and the contractor on the day of the trial for a total of $667,000.

Specials in Evidence

$125,000 $60,000 Unknown

Injuries

The plaintiff suffered a spiral fracture of his leg which required metal support pins. He also developed a chronic RSD syndrome which required pain management including nerve blocks.

Other Information

The workerÆs compensation waived medical lien and agreed to reduce their statutory credit for future disability by 50 percent.


#97648

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

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