Confidential
Settlement – $660,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Robert M. Cohen
(ARC Mediation & Arbitration Services)
Defendant
Experts
Plaintiff
Steven J. Nagelberg M.D.
(medical)
Charles Alexander
(medical)
John L. Riggins
(technical)
Defendant
Tye J. Ouzounian M.D.
(medical)
V. Paul Herbert C.P.S.A.
(technical)
Facts
On Aug. 22, 2000, the plaintiff, a 50-year-old forklift operator was unloading a pallet of paper from a trailer when the trailer began to roll forward. The rear of the forklift was extended outside the trailer when the plaintiff operator decided to jump from the forklift. He landed on the ground approximately six feet below. Although he landed on both feet, he sustained a compound fracture of his left ankle and claimed to have fractured his right ankle.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $750,000 (policy limits). The final settlement was $660,000 from the defendant and $99,500 from the workers' compensation carrier.
Specials in Evidence
The total WCAB lien for past medicals and temporary disability was $70,000 $175,000
Injuries
Displaced tibia and fibula fractures of the left leg requiring surgery. In addition, all doctors agreed that plaintiff would need to have his ankle surgically fused in the future.
Other Information
The case was settled after unsuccessful mediation. The mediation ended with the third party defendant offering $250,000 and the workers' compensation intervenor demanding the plaintiff pay $25,000 on their $60,000 (lien at the time) and give them a C&R ending future medical benefits. At time of mediation, the defendant disputed the plaintiff's future loss of earnings claim because the plaintiff was back to work full time three months after the accident and also disputed the plaintiff's need for future ankle claim. Thereafter, and prior to trial, the workers' compensation case was initially resolved by stipulation with request for award for a total of $100,165, plus future medical care for life. Given the allegations of employer negligence, the intervenor agreed to waived its lien and fully resolve the workers' compensation by C&R for a total of $99,500.
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