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Case No.: BC 201221
Los Angeles County, California Superior Court
Ivy Binyon, et al. V. Five Star Parking, et al.

Donn W. Christensen
Law Offices of Raymond Paul Johnson
10990 Wilshire Blvd., Suite 1150
Los Angeles, CA 90024
(310) 246-9300
Law Offices of Brian Hummel
801 N. Brand Blvd., Suite 501
Glendale, CA 91203
(818) 543-6317
PLAINTIFF'S LIABILITY EXPERTS: Mr. Harry Krueper (Accident Reconstructionist)
Krueper Engineering
568 N. Mountainview Avenue, 2nd Floor
San Bernardino, CA 92401

Dr. Lawrence Stein (Plastic Surgeon)
436 North Bedford Drive, Suite 202
Beverly Hills, California 90210

Dr. Arthur H. Osborne (Orthopedic Surgeon)
Orthopaedic Medical Group
1050 Lakes Drive, Suite 100
West Covina, CA 91790

DEFENDANTS' LIABILITY EXPERTS: Dr. Milton E. Ashby (Orthopedic Surgeon)
1245 Wilshire Blvd., Suite 411
Los Angeles, CA 90017

Dr. Vance L. Polich (Plastic Surgeon)
624 South Pasadena Ave., Suite A
Pasadena, CA 91105

TYPE OF CASE: Negligence / Vehicle vs. Pedestrians / Dillon v. Legg Claims Punitive Damages Claim
DATE OF ACCIDENT: April 1, 1998
ACCIDENT LOCATION: Los Angeles Sports Arena Parking Lot
PLAINTIFFS' AGES AT ACCIDENT: Herlinda Fonseca 46 years old
Ivy Binyon 4 years old
PLAINTIFFS' OCCUPATIONS: Herlinda—Travel Agent; Ivy—Nursery School
FACTS: Plaintiffs, a grandmother and granddaughter, were attending "Beauty and the Beast on Ice" at the Los Angeles Sports Arena. The show began after sunset. Plaintiffs walked through a parking lot operated by defendant Five Star Parking to get to the Sports Arena before the show.

Five Star Parking owned a security cart its employees operated for transportation within the lot. Defendant Vasquez, an employee of Five Star Parking, struck plaintiffs with the cart as they walked to the Sports Arena. The granddaughter suffered a facial scar below her lip and some corresponding nerve damage. The grandmother sustained multiple fractures to her ankle.

PLAINTIFFS' CLAIMS: Defendants were negligent in their operation of the security cart. They failed to properly maintain it and equip it with headlights for nighttime driving. Defendant Five Star Parking was also negligent in its hiring and training practices. Five Star hired defendant Vasquez and negligently entrusted him with the cart without first checking his driving record or providing him training on proper operation of the vehicle.
DEFENDANT'S THEORIES: Grandmother was not properly caring for her granddaughter while crossing the street. Plaintiffs were contributorily negligent in failing to pay proper attention to traffic in the lot.
SETTLEMENT OF CASE: Plaintiffs made an initial settlement offer of $1.2 million, to which defendants did not respond. Plaintiffs then made a policy limits demand of $1 million pursuant to California Code of Civil Procedure § 998. Defendants subsequently countered this offer with $75,000 for Ivy and nothing for her grandmother. The case settled 6 weeks before trial at Mediation before the Honorable Victor Barrera of ADR Services.
TRIAL JUDGE: Judge Patricia Spear
SETTLEMENT DATE: October 5, 1999
Settlement Summary Prepared by:   Law Offices of Raymond Paul Johnson
10990 Wilshire Blvd., Suite 1150
Los Angeles, CA 90024
Representing:  Plaintiffs
Date:  May 18, 2000

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