Confidential
Settlement – $326,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Facts
The subject-suit arises out of a utility pole electrical shock accident which caused the plaintiff to free fall about 14 feet and suffer serious physical injuries. On May 1, 2000, the plaintiff, a veteran telephone line installer, was injured at approximately 2:00 p.m. on a hot sunny day in Santa Ana. The plaintiff, Jacquelyn M. Moffett, then a 52-year-old female installer, with 20 plus years work experience, was shocked by an energized uninsulated vertical ground wire which was attached to the wood utility pole. The "shock" occurred as the plaintiff reached around the utility pole at a height of approximately 12 to 15 feet in order to secure her safety harness and unknowingly brushed her forearm and/or hand against the exposed live ground wire. The defendant Southern California Edison owned and maintained the utility pole and ground wire. An adjacent store employee who was working inside the store, with the door closed, heard what she described as a "car crash." The employee immediately ran out of the store and found Moffett lying in the hot asphalt in a semi-conscious state. The employee called 911 and the emergency crews then treated her at the scene and transported her by ambulance to St. Joseph Hospital in Orange. As a result of the fall, Moffett required emergency treatment, hospitalization, and three months of home nursing and nine months of intense rehabilitation. She lost nine months of full-time employment. The defendant Southern California Edison claimed that they had no notice of the dangerous condition and that the plaintiff was comparatively at fault for not testing the utility pole before climbing it. The defendant adjacent property owners claimed that they had no notice of the dangerous condition and were not liable for any "electrical backfeed" into the utility lines.
Settlement Discussions
There were no prior settlement negotiations or mediations. The only negotiation took place at the one three-hour mediation session before Jeffrey Krivis in Los Angeles which resulted in settlement.
Specials in Evidence
$26,293 $35,190
Damages
The plaintiff lost nine months of work and additionally decided to take early retirement as she was concerned about her long-term capabilities of performing the same climbing and heavy lifting functions in the future, as she had in the past.
Injuries
The plaintiff suffered a fractured pelvis, a fractured sacrum and a right shoulder impingement syndrome as well as various bruises and abrasions. The plaintiff is right handed and therefore the right shoulder impingement significantly interfered with her ability to care for herself and engage in her usual recreational activities such as softball.
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