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CONFIDENTIAL

Jul. 19, 2001

Personal Injury (Non-Vehicular)
Premises Liability
Negligence

Confidential

Settlement –  $745,000

Court

San Francisco Superior


Attorneys

Plaintiff

David B. Baum


Defendant

Jewel Kolling Basse

Jeffery G. Bairey
(Lewis Brisbois Bisgaard & Smith LLP)


Experts

Plaintiff

Victor A. Prieto
(medical)

R. Richard Coughlin
(medical)

Carol R. Hyland M.A.
(technical)

Dean B. Tuft
(technical)

Defendant

Peter B. Slabaugh
(medical)

George E. Tardiff
(technical)

Richard Zunkel
(technical)

Robert Cerf
(technical)

Facts

The plaintiff, a 38-year-old, self-employed florist was delivering flowers to a restaurant when the kitchen door
came loose from its pivots and fell. The door fell against the plaintiff, fracturing her ankle.

Settlement Discussions

The plaintiff demanded $750,000. The defendantÆs initial offer was $350,000 cash. The case settled the week before trial in a JAMS mediation for $745,000.

Specials in Evidence

$83,000 undisclosed amount

Injuries

The plaintiff sustained a displaced fracture of her tibia and dislocation of the fibula, requiring surgery with fixation, followed by surgeries for repair of torn ligaments and to free nerves. The plaintiff returned to activity and work after eight months. She continued to complain of numbness and ankle discomfort but has sought no further treatment.


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