Confidential
Settlement – $49,000Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Kevin T. Barnes
(Law Offices of Kevin T. Barnes)
Defendant
Guy R. Gruppie
(Murchison & Cumming LLP)
Experts
Plaintiff
Robert Lugliani
(medical)
Defendant
Phillip Harber
(medical)
Facts
On July 11, 1994, the plaintiff, a 31-year-old construction clean-up worker, was employed by a subcontractor of the defendant general contractor to remove mildew and stains on the interior walls of the building. The mildew was caused when the fire sprinklers were activated in the Northridge earthquake several months earlier. The plaintiff who had previously worked as a house cleaner, was provided with vinegar and bleach by her employer to clean the mildew. In using the vinegar and bleach in combination, she was overcome by fumes and became ill. The plaintiff brought this action against the general contractor based on negligence and respondeat superior theories of recovery.
Settlement Discussions
The plaintiff made an initial settlement demand of $125,000 (new money). The defendant made an initial settelement offer of $35,000, including the complaint-in-intervention.
Specials in Evidence
$14,000 $20,000
Injuries
The plaintiff alleged she suffered aggravation of pre-existing asthma and possible airway obstruction, necessitating the use of oral steroids, and that she had difficulty in breathing upon exertion and an inability to work or live in an environment with any dust or smoke.
Other Information
The settlement was reached approximately one year and two months after the case was filed. MEDIATION: A mediation was held on Oct. 15, 1996 before Judge Robert London, retired of JAMS/Endispute resulting in the reported settlement.
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