Confidential
Settlement – $100,000Judge
Court
San Luis Obispo Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Timothy Perrin
(medical)
Rod Williams
(technical)
Defendant
Daniel Walsh
(technical)
Kenneth L. Baldwin
(medical)
Facts
On July 26, 1993, the plaintiff's wife purchased a chair manufactured by the defendant furniture manufacturer from the defendant furniture retailer. On August 6, 1993, the plaintiff, a 62-year-old unemployed man, ate dinner with his wife and then slid the chair back away from the table. The chair collapsed under him and he injuried both of his knees and his lower back. The plaintiff brought this action against the defendants, the furniture manufacturer, furniture retailer and the component part manufacturer, based on negligence, product liability and breach of warranty theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $135,502 (to the defendant furniture manufacturer), $39,999 (to the defendant furniture retailer) and $19,499 (to the defendant component part manufacturer). The defendants made a settlement offer of $85,000 one week before trial.
Specials in Evidence
$21,528 $80,000 (approximate based on his intent to return to work as a lather less the salary he earned as a hardware store clerk until the age of 65)
Injuries
The plaintiff alleged that he sustained a torn meniscus of the left knee with resultant surgery and an impingement injury to his right shoulder while using crutches after the knee surgery requiring him to undergo a manipulation as a result of the accident.
Other Information
The settlement was reached approximately one year and seven months after the case was filed. A settlement conference was held on March 12, 1996 before the Hon. Paul Coffee without resolving the matter. A second settlement conference was held by order of Judge Coffee on March 18, 1996, before temporary judge Alan Mayer resulting in a $150,000 demand from the plaintiff and an $80,000 offer from the defendants. The defendant's IME doctor testified that the plaintiff's torn meniscus was degenerative in nature based on the overall degenerative condition of both of the plaintiff's knees and that the incident had "lit up" the plaintiff's previously asymptomatic arthritic knee condition. The plaintiff's treating physician testified that the surgery had confirmed his earlier opinion that the tear was acute and caused by the incident. Per the plaintiff, the plaintiff had not been employed as a lather for ten years prior to the accident. The plaintiff began working as a hardware clerk five months after the accident.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390