Confidential
Settlement – $1,700,000Judge
Court
USDC Northern
Attorneys
Plaintiff
Guy O. Kornblum
(Guy O. Kornblum APLC)
Randy A. Moss
(Demler, Armstrong & Rowland LLP)
Defendant
David M. Glaspy
(Manning Gross Massenburg LLP)
Experts
Plaintiff
Arthur P. Safran
(medical)
Defendant
Nancy Hebben
(medical)
Daniel Tarsy
(medical)
Robert V. Pick
(medical)
Facts
On July 19, 1994, the plaintiff, a 73-year-old retired professor, was walking out of the defendant hotel (located in the defendant city and defendant county) when a scaffolding collapsed on him, trapping him and causing his injuries. The defendant construction company was the building contractor. The defendant scaffolding company set up and maintained the scaffolding. The defendant hotel retained the contractor. The plaintiff brought this action against the defendants, the construction company, scaffolding company, hotel owner, city and county, based on negligence, premises liability and failure to warn theories of recovery.
Settlement Discussions
The settlement discussions were not diclosed.
Specials in Evidence
$_______ $___________
Injuries
The plaintiff alleged that he suffered a fractured left femur, a fractured pelvis, multiple fractures to his left ribs, a fractured T-9 vertebra, hematomas, a scrotal hematoma and a severe blow to his head causing aphasia and dysphasia as a result of the accident.
Other Information
The settlement was reached approximately one year after the case was filed. A mediation was held on January 18, 1996, before the Hon. Daniel Weinstein, retired, of J.A.M.S./Endispute resulting in the settlement. Before the accident, the plaintiff lived alone in a Manhattan apartment. Since the accident, he has been under constant care at several facilities and currently resides in a nursing home in Newton, Massachusetts. He is unable to walk unaided and suffers from confusion and disorientation. The plaintiff had been previously diagnosed with progressive supranuclear palsy (with symptoms similar to ParkinsonÆs disease).
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