Confidential
Settlement – $750,000Court
Orange Superior
Attorneys
Plaintiff
Defendant
Mark G. Cunningham
(Cunningham & Sherman LLP)
Experts
Plaintiff
Allan Keith Miller
(technical)
James D. Thomas
(medical)
Richard N. Selby
(medical)
Kendall S. Wagner M.D.
(medical)
Richard H. Andolsen
(technical)
Wayne H. Lancaster
(technical)
Defendant
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Richard C. Rosenberg M.D.
(medical)
George M. Brinton
(technical)
Facts
On May 6, 1992, Plaintiff, a 28-year-old student, was riding his bicycle when he was struck by a tarpaulin from a construction site; he was thrown from his bicycle. The premises was owned by one set of Defendants and being plastered by a second set of Defendants, subcontractors who contracted to re-stucco the residence.
Settlement Discussions
Plaintiff contends that numerous offers and demands were exchanged, but that Plaintiff's final demand was $750,000; Defendant subcontractor offered $400,000 and Defendant premises owners offered $300,000 increased to $350,000.
Specials in Evidence
$50,000 $22,100 not calculated $25,000
Injuries
Acute traumatic aggravation of asymptomatic, preexisting Grade I spondylolisthesis at L5-S1 requiring fusion surgery with bone graft and possible future surgery because the original surgery did not create a solid fusion. Plaintiff also suffered soft tissue injuries to his right hip, right elbow, and lower back.
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