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CONFIDENTIAL

Aug. 20, 1994

Personal Injury (Non-Vehicular)
Premises Liability
Dangerous Condition

Confidential

Settlement –  $250,000

Judge

William L. Peck

Court

Ventura Superior


Attorneys

Plaintiff

Karl W. Schoth


Defendant

Andy H. Viets
(Office of the San Buenaventura City Attorney)

Neil S. Tardiff

David Keitel

Kenneth C. Yeager
(Law Offices of Drociak & Yeager)

Philip A. Mahaffey


Experts

Plaintiff

Richard Sylvester
(technical)

Jerry P. Acker
(technical)

David Chovanec
(technical)

A. Richard Grossman M.D.
(medical)

Defendant

J. Robert Nelson
(technical)

Bob Briley
(technical)

Leonard B. Skaist
(medical)

Derek Olin
(technical)

James R. LaCroix
(technical)

James R. LaCroix
(technical)

Charles S. Lane
(medical)

Alfred N. Roven
(medical)

Ronald Burger
(technical)

Melvin Pedinoff
(technical)

Facts

On February 20, 1992, a 48-year-old artist in the course and scope of his employment as a gallery manager, entered a locked outdoor storage shed. When he turned on the light switch, the storage shed exploded and burst into flames.

Settlement Discussions

Plaintiff contends he demanded a $750,000 package from these 2 remaining Defendants and these Defendants initially offered nothing.

Specials in Evidence

$90,500 $25,000 $350,000 $15,000

Injuries

Third degree burns to lips, chin, left ear, and left hand and second degree burns to right hand, face, anterior neck, and scalp -- all requiring intensive burn care, skin graft surgeries, and future revision surgeries; carpal tunnel syndrome to the left wrist requiring surgery; dental fractures requiring restoration; and residual Epstein-Barr (chronic fatigue) Syndrome.

Other Information

This settlement was reached at an MSC before the Honorable Richard Aldrich. The insurance broker who sold a commercial policy to the Defendant plumber, was deposed; Plaintiff settled with Defendant property owners and Defendant general contractor shortly after the broker's deposition; Plaintiff's and settling Defendants' declaratory relief action against that broker's insurance carrier is pending.


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