Confidential
Settlement – $1,000,000Court
Alameda Superior
Attorneys
Plaintiff
Gregory A. Patton
(Patton Mosier)
Defendant
Experts
Plaintiff
Saul S. Frechtel
(technical)
Facts
On Oct. 8, 1997, plaintiff, a 34-year-old steel worker, was installing a steel stairway structure on the premises of a hotel construction project. The plaintiff fell head first from an unguarded open stairway landing approximately 20 feet to the ground. The stairway landings were not cordoned off or protected by guard rails in violation of the California Labor Code and Construction Safety Orders. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
Plaintiffs submitted a C.C.P. º998 offer for $1,000,000 (policy limits), to both defendants.
Specials in Evidence
$176,000 (workers compensation lien)
Injuries
The plaintiff suffered muliple skull fractures, fractured shoulder, fractured hand, subdural hematoma, torn meniscus right knee, and permanent cognitive deficits. The plaintiff underwent surgeries on his shoulder, hand, knee and both ears. The plaintiff suffered brain damage which may be permanent.
Other Information
The settlement was reached approximately eight months after the case was filed. Plaintiff's worker's compensation lien in the amount of $176,000 was settled for $50,000. A settlement conference was held resulting in a $1 million settlement from the subcontractor. The general contractor did not contribute and was dismissed with a waiver of costs.
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