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CONFIDENTIAL

Oct. 28, 1995

Personal Injury (Non-Vehicular)
Dangerous Condition

Confidential

Settlement –  $154,000

Judge

Sheridan E. Reed

Court

San Diego Superior


Attorneys

Plaintiff

David W. Tiffany

Bradley Jacobs


Defendant

Martha McGill

Kevin R. Crisp
(Lester & Cantrell, LLP)

Anton C. Gerschler


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.


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