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

Aug. 30, 1997

Personal Injury
Premises Liability
Slip and Fall

Confidential

Settlement –  $100,000

Judge

Ronald C. Kline

Court

Orange Superior


Attorneys

Plaintiff

Jon Mitchell Jackson


Defendant

Thomas E. Martin

Peter M. Jaynes


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.


#99119

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

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