Confidential
Settlement – $154,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Kevin R. Crisp
(Lester & Cantrell, LLP)
Experts
Plaintiff
Harvey Cohen
(technical)
Mark Sadoff
(medical)
Paul Bonds
(medical)
Defendant
Christopher Foster
(medical)
Michael Swenson
(medical)
Michael V. Frank
(technical)
Mark A. Kalish, M.D.
(medical)
Cary P. Mack
(technical)
Facts
On December 26, 1993, Plaintiff, a 35-year-old nurse (mobile intensive-care transport) in the course and scope of her employment, was struck on the left side of the head by an automatic emergency-room door at Defendant hospital. The door had allegedly malfunctioned in the past, and in the subject incident, closed as Plaintiff was entering the emergency room. Several ambulance and hospital employees alleged that the door, restricted to use by emergency room personnel, had closed and struck them prior to the subject incident and that they did register complaints regarding the operation of the doors. Plaintiff named as Defendants the manufacturer, the installer/maintainer, and owner of the automatic door.
Settlement Discussions
Plaintiff-in-intervention contends Defendants manufacturer and maintainer/installer offered a combined $40,000; Defendant owner offered nothing increased to $55,000; and Plaintiff demanded $600,000 reduced to $300,000. Defendant contends the following: Defendants made a combined offer in the $70,000 range; Defendants manufacturer and maintainer made a combined offer of $50,000 to Plaintiff and Plaintiff-in-intervention, which was accepted; Defendant hospital offered $55,000, later increased to $60,000 (statutory) then increased to $100,000; Plaintiff demanded $600,000 from all Defendants; after settlement with 2 other Defendants, Plaintiff demanded $375,000 from Defendant hospital, later reduced to $300,000 and later reduced to $200,000.
Specials in Evidence
$6,078 $5,209
Injuries
Post traumatic stress disorder; skull fracture; left eye injury; vertigo. Treatments and/or surgeries, current and/or future as well as residuals, were not disclosed.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390