Confidential
Settlement – $100,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Michael J. Einbund M.D.
(medical)
Stephen C. Wexler
(technical)
Defendant
Gerald M. Halweg
(technical)
James P. Moore
(medical)
Facts
On Jan. 31, 1996, the plaintiff, a 62-year-old president of a business, exited a beauty salon which was located on the second floor of a 30-year-old property in Capistrano Beach. The uncovered stairs leading down to the street level where wet from rain which fell earlier that day. When the plaintiff reached the third or fourth step from the bottom of the stairwell, her foot slid out from under her and she landed on the stair in a sitting position breaking her coccyx. The plaintiff brought this action against the defendants, the owner of the property and deck resurfacing company, based on premises liability and negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $175,000 prior to the mandatory settlement conference. The defendants made no offers until the mandatory settlement conference.
Specials in Evidence
$10,000 $5,500
Injuries
The plaintiff sustained a broken coccyx, hematomas and a blood mass in her abdomen.
Other Information
The settlement was reached approximately eleven months after the case was filed.
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