This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Sep. 24, 2005

Personal Injury
Premises Liability
Construction Accident

Confidential

Settlement –  $2,250,000

Judge

James L. Brooks

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?


#106406

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390