Confidential
Settlement – $1,407,900Judge
Court
L.A. Superior Alhambra
Attorneys
Plaintiff
Matthew B.F. Biren
(Biren Law Group)
Marc J. Katzman
(Marc Katzman Law)
Defendant
Facts
On March 13, 1995, the decedent, a 32-year-old film industry transportation coordinator, was killed when he was struck by a large wind fan which fell off the back of his truck, striking him in the head. The fan was rented to the decedent's employer, a film company, by the defendant rental company. The defendant rental company delivered the fan to a shooting location. The decedent and several co-employees then loaded the fan on the truck. The decedent and a co-employee then transported the fan to a second location. The accident occurred while the co-employee was beginning the process of off loading the fan from the decedent's truck. The plaintiffs, the decedent's wife and children (one whom was born after the accident), brought this action against the defendants based on negligence and product liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $995,000, increased to $1 million after the statutory demand lapsed and reduced to $900,000 at the mediation (when the offer reached $600,000). The defendants made settlement offers ranging from $300,000 (per the plaintiff) or $650,000 (per the defendants) to the last rejected offer of $875,000.
Specials in Evidence
$9,947 (including burial expenses) $2,086,651
Injuries
Death of husband/father.
Other Information
The settlement was reached approximately 10 months after the case was filed. A settlement conference was held on Jan. 22, 1997 before G. Keith Wisot of JAMS/Endispute, resulting in the reported settlement.
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