Confidential
Settlement – $165,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Frank S. Clowney III
(Law Office of Frank S. Clowney III)
Defendant
Experts
Plaintiff
Byron King
(medical)
Facts
On November 5, 1993, the plaintiff, a 37-year-old construction laborer, was building a large concrete retaining wall on a construction site. The plaintiff's job was to guide large concrete panels into place as they were lifted by a crane. The defendant was the subcontractor that owned and operated the crane. The defendant crane operator caused the bucket attached to the crane to swing and it struck the plaintiff on the right leg. The plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $250,000. The defendant made a C.C.P. º998 offer of compromise for $145,000.
Specials in Evidence
$14,000 $27,836 $___________ $_________
Injuries
The plaintiff alleged that he sustained a fractured right distal femur, first treated by physical therapy and then by arthroscopic surgery and that he has minor residuals with activity and weather changes as a result of the accident.
Other Information
The settlement was reached approximately one year and four months after the case was filed. MEDIATION: A mediation was held on November 30, 1995, before the Hon. Gerald Lewis, retired, resulting in the recommendation that the case settle for $165,000, which was accepted by the parties on February 23, 1996.
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