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Attorneys
Negligence
Failure to Defend

Laurette Ben-Nathan v. Stanley Baumann, et al.

Published: Feb. 1, 1997 | Result Date: Oct. 2, 1996 | Filing Date: Jan. 1, 1900 |

Case number: BC122999 –  $0

Judge

Jan Pluim

Court

L.A. Superior Central


Attorneys

Plaintiff

David R. Cadwell


Defendant

Harry J. Pike


Experts

Defendant

Steven Stark
(technical)

Facts

In August 1991, plaintiff Laurette Ben-Nathan, a 33-year-old television and film actor, was hired as a stand-in/extra for the television series, Brooklyn Bridge, which was jointly produced by UBU Productions and Paramount Pictures. The plaintiff was injured on the set when a prop lamppost fell on her head. The plaintiff initiated a workers' compensation claim against her casting company and eventually retained the defendant attorneys to represent her in the underlying third-party personal injury action against Paramount and UBU. On March 11, 1994, UBU and Paramount were granted summary judgment in the underlying action on the basis that the plaintiff was their employee, and therefore, workers' compensation was the plaintiff's exclusive remedy under Labor Code º3601. The plaintiff then sued the defendant attorneys for legal malpractice. The plaintiff brought this action against the defendant attorneys based on a legal malpractice theory of recovery.

Settlement Discussions

The plaintiff made no specific settlement demand. The defendant attorneys made a C.C.P. º998 offer of compromise for $5,000.

Specials in Evidence

$65,000 $35,000

Injuries

The plaintiff alleged that she suffered from a concussion and a closed head injury, a c-spine and disc injury and psychological trauma and will need future surgery.

Other Information

The verdict was reached approximately one year and three months after the case was filed. An arbitration resulted in an arbitration award for the defendants. The plaintiff requested a trial de novo.


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