Confidential
Settlement – $1,375,000Court
Sonoma Superior
Attorneys
Plaintiff
Defendant
William A. Bogdan
(Hinshaw & Culbertson LLP)
Experts
Plaintiff
Scott F. Dye
(medical)
Gerald Fulghum
(technical)
Leslie Schofferman
(medical)
Thomas P. Yankowski M.S., C.V.E.
(technical)
Phillip H. Allman III, Ph.D.
(technical)
Defendant
Andrew M. O'Brien
(technical)
Ronald G. Adams
(technical)
Thomas A. Braun P.E.
(technical)
Lawrence S. Guinney
(medical)
Facts
On March 13, 2001, Robert Clifford, a 28-year-old union iron worker employed by Metal Deck Specialist Erectors, was injured when an eight pound piece of concrete block landed on his head, and then struck his left shoulder, left arm and left knee. The piece of concrete debris fell approximately 12 feet from scaffolding at a construction site for the new Sonoma County Sheriff's building. Although Clifford was wearing a hardhat, the force of the falling debris knocked him to his knees. Lathrop Construction Associates Inc. was the general contractor on the project. E.D.M. Construction and S.W. Mertz Masonry Specialists Inc. were the masonry sub-contractors responsible for erecting and maintaining the scaffolding for the masonry work. Clifford sued Lathrop, E.D.M. and S.W. Mertz, alleging negligence.
Specials in Evidence
$31,538 $285,412 $1,072,163 $12,000
Damages
The plaintiff claimed $76,970 in damages for household services.
Injuries
The plaintiff sustained injuries to his left shoulder, arm, and knee. He also suffered low back pain related to the nerve root at the S1 segment of the spinal cord and a neck injury at the C3-4, C4-5, and C5 vertebrae. The plaintiff underwent arthroscopic surgery on his left knee, as well as chiropractic treatment. The plaintiff's doctors determined that he could not return to his work as an iron worker.
Result
The plaintiff settled with Lathrop for $750,000 and jointly with E.D.M. and S.W. Mertz for $625,000. Total settlement: $1,375,000.
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