Anita Holguin v. State of California; James Warner v. State of California; Daniel Torres v. State of California
Published: Oct. 19, 1996 | Result Date: Jul. 25, 1996 | Filing Date: Jan. 1, 1900 |Case number: YC018403 – $6,071,700
Judge
Court
L.A. Superior Inglewood
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Daniel E. Zehler PsyD
(medical)
Mack A. Quan
(technical)
H. Richard Adams M.D.
(technical)
Peter Formuzis Ph.D.
(technical)
Defendant
Wayne H. Lancaster
(technical)
Milton E. Legome M.D.
(medical)
Thomas A. Boster
(technical)
William E. Tucker
(technical)
G. Michael Morris
(technical)
Facts
On Nov. 30, 1992, an accident occurred when falsework for the 105/405 bridge interchange collapsed. Three falsework carpenters employed by same corporation who had been hired by the defendant transportation agency to build that portion of the 105 freeway project, fell 30 feet when the collapse occurred. Falsework is the temporary structure that supports the form into which the concrete is poured to form road bed. At the time of the collapse, the workers were involved in removing the upper tier falsework some 30 feet above the ground. The process used by their employer to dismantle process had been in use for more than a year without difficulty. The process of jacking employed by the plaintiffs in the removal process created an overturning movement that led to the collapse. The plaintiffs a ____-year-old worker, a 30-year-old worker and the wife and children of a 36-year-old worker killed in the collapse, brought this action against the defendants ____________ (who/role???) based on negligence and ______________ (theories of recovery).
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $4 million for all three cases. The defendants made a C.C.P. º998 offer of compromise for $500,000 for all three cases.
Specials in Evidence
$__________ (each plaintiff) $__________ (each plaintiff) $__________ (each plaintiff) $__________ (each plaintiff)
Injuries
Plaintiff _______-year-old was initially hospitalized and released after one day. He was readmitted the following day for investigation of a possible brain injury in addition to treatment for his multiple body contusions. Plaintiff was diagnosed with mild post concussive syndrome which gradually resolved over the next few months. He suffered permanent partial hearing loss that was treated with hearing aids and convergency insufficiency that was treated with eye glasses. Plaintiff suffered a severe back strain and shoulder impingement syndrome and underwent extensive physical therapy. The 30-year-old plaintiff alleged he sustained moderate to severe pain injury which gradually resolved except for permanent loss of teeth and smell. Approximately 14 months after the incident, the plaintiff suffered a grand-mal seizure which was controlled with medication. Plaintiff also suffered a subsequent fall which caused his pre-existing back condition to worsen, creating a progressive kyphotic deformity that required a surgical fusion in August of 1995 from T4 through L4. As a result of the surgical procedure, the plaintiff developed a severe reflexive sympathetic dystrophy in his lower left leg which was believed to be chronic and permanent. Although plaintiff is in his early thirties, it is unlikely that he will be able to competitively compete in the labor force.
Other Information
The verdict was reached approximately _____ years and ____ months after the case was filed. A settlement conference/arbitration/mediation was held on ___/____/1996 before ________________ (name) of _________________ (affiliation or court) resulting in _________________ .
Deliberation
12 days (liability phase), 2 days (damages phase)
Poll
12-0, 9-3
Length
38 days
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