Confidential
Settlement – $2,250,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Wylie A. Aitken
(Aitken Aitken Cohn)
Christopher R. Aitken
(Aitken Aitken Cohn)
Experts
Plaintiff
Thomas L. Hedge Jr., M.D.
(medical)
Alvin Markovitz
(medical)
Robert MacArthur
(medical)
Wayne H. Lancaster
(technical)
Douglas E. Harrington
(medical)
Stephen C. Wexler
(technical)
Sandra Schneider
(technical)
Jerry L. Hildreth
(technical)
Anne Barnes R.N.
(medical)
Defendant
William C. Gabrielson
(technical)
Morris S. Farkas
(technical)
Ted Vavoulis
(technical)
Gary Stewart M.D.
(medical)
Robert B. Gray
(technical)
Steven Molina Ph.D.
(technical)
Robert J. Sbordone M.D.
(medical)
Robert A. Baird
(medical)
Facts
Plaintiff Dennis Wilson was standing on a scaffold, applying sheet metal to the third floor exterior of a hotel in Anaheim when the scaffolding detached from the building. Tie wires used to support the scaffolding had been cut from the scaffolding frame. The plaintiff brought suit against Jones Scaffold Company, the scaffolding subcontractor; Keenan Hopkins Suder & Stowell (KHS & S), the plastering subcontractor and Jones Scaffold's supervisor; and Turner Construction, the general contractor. The plaintiff was unable to bring his employer, Custom Metal Fabricators, into the case because of his worker's compensation claim.
Settlement Discussions
The case was mediated before Judge Russell Bostrom of Judicate West in Santa Ana. The defendants settled with the plaintiff for $2.25 million. The worker's compensation carrier asked for full lien rights of $800,000, as well as credit for the future medical care that needed to be provided to the plaintiff. This lien was negotiated to $100,000.
Specials in Evidence
$600,000
Injuries
The plaintiff claimed traumatic brain injury, including: cognitive and psychological damage; respiratory failure and a collapsed lung; congestive heart failure; orthopedic injuries, including bilateral rotator cuff tears, left shoulder arthroscopy, sprain and strain of the lumbar spine; neurological injuries, including sciatic back and peripheral nerve injuries; blurred vision; and sleep apnea.
Other Information
(1) HOW WAS THE SETTLEMENT APPORTIONED AMONG THE DEFENDANTS? (2) WERE THE DEFENDANTS REPRESENTED BY THE SAME ATTORNEY? (3) WHAT INJURIES DID THE PLAINTIFF SUFFER?
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390