Confidential
Settlement – $400,000Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Stanley J. Casper
(Casper, Meadows, Schwartz & Cook)
Defendant
Experts
Plaintiff
Robert B. Martin III
(technical)
John M. Harrison
(technical)
Defendant
Douglas B. Christison
(technical)
Steven R. Fisk
(technical)
Frank J. Linhart
(technical)
Wes Daniels
(technical)
Facts
On May 14, 1993, two journeymen carpenters, ages 59 and 52 years respectively, were replacing support posts on a carport at Defendant homeowners association's condominium complex, when it collapsed; The first carpenter was severely injured and the second carpenter was killed. The carpenters had replaced the support posts on 25 other carports at the complex before the accident occurred. The carpenters removed the original lateral bracing in the carports before installing temporary bracing. The carpenters were employed by an experienced construction company which had bid on replacing the existing posts on the Defendants' carports. Decedent's Plaintiffs were his widow, one minor child and 3 adult children. Although the scheme for these repairs was designed by the employer construction company, the Defendant homeowners association allegedly failed to provide copies of an engineering report prepared 2 years earlier recommending complete replacement of the carports, due to costs of repairs and their deteriorated condition.
Settlement Discussions
Plaintiffs contend their initial demand was $750,000 and Defendants offered $100,000. Defendants contend Plaintiffs' initial demands were: $1,250,000 for decedent's wife and minor child; $1,000,000 for the surviving carpenter; and $330,000 for the adult children.
Specials in Evidence
$38,000 (Plaintiff carpenter) $302,000 (Plaintiff carpenter) $322,000 decedent carpenter
Injuries
Death of second carpenter, age 52; father/spouse. First carpenter (age 52 years): multiple fractures of the ribs; fractures of 3 thoracic vertebrae requiring surgery; fractured pelvis requiring closed reduction and possible future hip replacement; and an acromioclavicular joint separation requiring surgery; Plaintiff underwent a 2-week hospitalization.
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