Sol Kest v. Lawrence Broadbar; Times Mirror Corporation
Published: Aug. 30, 1997 | Result Date: Jun. 20, 1997 | Filing Date: Jan. 1, 1900 |Case number: BC101624 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Thomas M. Phillips
(Phillips Firm)
Experts
Plaintiff
L. Scott Frazier
(medical)
Jay Jurkowitz
(medical)
Defendant
David J. Weiner M.B.A., AM
(technical)
Phillip J. Kanter
(medical)
H. Ronald Fisk M.D., Ph.D.
(medical)
Facts
On July 4, 1993, plaintiff Sol Kest, a 71-year-old real estate broker, was walking on a public sidewalk outside defendant Times Mirror Corporation business premises. The plaintiff claimed he tripped and fell over a piece of strapping material used to bind newspapers delivered by the L. A. Times and distributed by their agent, defendant Lawrence Broadbar. The plaintiff brought this action against the defendants based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $17.5 million. The defendant Lawrence Broadbar made a C.C.P. º998 offer of compromise for $500,000 (policy limits). Defendant Times Mirror Corporation made no offer.
Specials in Evidence
$34,000 $15 million $20 million
Damages
Per the defendant Broadbar, the plaintiff claimed economic damages in excess of $17 million at the time the plaintiff was a principal partner in the real estate development firm of Goldrich & Kest, and had an estimated net worth in the hundreds of millions of dollars. Per the defendant Times Mirror, the plaintiff asked for damages in excess of $35 million. Also per the defendant Times Mirror, the plaintiff asked jury to award twice the $35,681.000 figure as the plaintiff was in the 46 percent tax bracket. The plaintiff claimed as a consequence of his "brain injury" he was no longer able to participate in the real estate development partnership, and as a consequence, sustained damages in excess of $34 million over the next ten years.
Injuries
The plaintiff suffered a four part fracture of the shoulder involving two surgeries. The plaintiff claimed a brain injury.
Other Information
The verdict was reached approximately three years after the case was filed.
Deliberation
4 hours
Poll
12-0
Length
15 days
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