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CONFIDENTIAL

Dec. 24, 1994

Personal Injury (Non-Vehicular)
Dangerous Condition
Spoliation of Evidence

Confidential

Settlement –  $240,000

Judge

William A. Yale

Court

Imperial Superior


Attorneys

Plaintiff

Richard G. Tarlow

Lyle F. Greenberg


Defendant

Thomas V. Barrington


Experts

Plaintiff

Malcolm Lesavoy M.D.
(medical)

Truett Thompson
(technical)

Facts

On September 4, 1991, during a 100-year storm bringing extremely heavy winds and rain to Brawley, an electrical conductor fell from a power pole and made contact with the bumper of Plaintiff's vehicle. The storm was so severe as to break poles in half and was estimated to bring winds of 60 mph and more. Plaintiff, a 62-year-old disabled male, exited his house to close the windows on his truck. When he made contact with his truck, he sustained electrical burns to his hands and feet. After the incident, Defendant irrigation district investigated the accident, but failed to keep any of the evidence other than having taken photographs.

Settlement Discussions

Plaintiff contends that the offers and demands were too numerous to recount.

Specials in Evidence

$40,000 none

Injuries

Bilateral electrical burns to hands and feet (3 percent of his body) requiring debridement procedures.


#104981

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