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SCHWARTZ v. LEEDS LASC- West (Santa Monica)

Case # SC096602 Dept. N, Hon. Judge Craig D. Karlan


Counsel:

Plaintiff Schwartz: Silvio Natale, Esq. and Daniel Nelson, Esq.

Nelson & Natale Attorneys At Law

(310) 641-8300


Facts:

Gloria Schwartz, a 48 year old Financial Controller exiting the rear of the office slipped and fell down a flight of stairs. Plaintiff’s Trial Attorney Silvio Natale successfully argued that the stairway was steep because it was made before code changes, and the stairs were slippery when wet because there was no abrasive grit in paint nor anti-slip strips. Two witnesses testified they observed the steps were steep and slippery when wet. Based on these prior complaints, Schwartz forewarned work orders for Anti-slip strips but was ignored by property owner; Defendant’s claim sand in paint on steps for adequate friction.


Contentions:

RE Liability : Several coefficient of friction measurements of steps below standard when wet; Plaintiff used demonstrative evidence to show no grit in paint because anti-slip strips applied day after accident would not stick to paint with grit in it;


RE Injuries: Defendant’s contention plaintiff’s claims of neck and back injuries were made after she was fired could not be proved.

Claimed Injuries:

Multiple Disk Herniations requiring a two level Cervical Fusion on 5/22/07; lumbar laminotomy on 10/18/07; and a three level lumbar fusion on 8/19/08.

Damages:


Medical Expenses: Past $270,000; Future $120,000.00; Lost wages: Past $205,000.00;

Future $720,000,00


Pain & Suffering: Past $250,000.00; Future $3,000,000.00

Total Damages: $4,565,000.00 (75% Defendant; 25% Plaintiff) Total Judgment for Plaintiff $3,423,750.00


SETTLEMENT OFFER:

$ 15,000.00 before Trial by Insurance Carrier Zurich North America


SETTLEMENT DEMAND:

$ 1,000,000.00 Policy Limit after Closing Argument scoffed at.


Plaintiff Experts:

Brad P. Avrit, P.E. WEXCO, safety analysis expert, Marina Del Rey,

Philip Sobol, M.D., Orthopedist, Los Angeles, CA


Comments: Two prior Law Firms dropped her case. No other Attorney would except Mrs. Schwartz’s case. Nelson & Natale did except the case and helped her recover over $4 Million Dollars in the compensation she DESERVED!

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NELSON & NATALE
Injury Accident Attorneys
5550 W. Manchester Ave.
Los Angeles, CA 90045
(310) 641-8300