Woman Hit by Sign May Get New Trial
A woman who agreed to a $450,000 settlement with Sizzler restaurant after a menu sign there fell on her head may now have a chance at a second trial.
In an opinion issued Monday, the 4th District Court of Appeal in Santa Ana said that Halina Douglas should have the chance to argue that her attorney coerced her into accepting a settlement of her lawsuit in 1992.
In 1993, Douglas requested a new trial, arguing that because she had suffered brain damage in the 1988 accident, she was mentally incompetent when she agreed to the settlement. She settled for $90,000 with the sign company at the same time. Orange County Superior Court Judge Dennis Choate had dismissed Douglas’ request.
The appellate court decision does not nullify Douglas’ settlement agreement or automatically grant her a trial. But her petition for a new trial must be heard in Superior Court.
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