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CONFIDENTIAL

Dec. 20, 2001

Personal Injury (Non-Vehicular)
Construction Site Accident
Negligence

Confidential

Settlement –  $1,000,000

Court

Marin Superior


Attorneys

Plaintiff

Timothy G. Tietjen
(Rouda, Feder, Tietjen & McGuinn)


Defendant

Ralph N. Rhoades
(Parton & Sell PC)

Robert T. Lynch
(Law Offices of Madden & Lynch PC)


Facts

On July 12, 1998, the plaintiff, a 32-year-old carpenter, suffered severe spinal injuries, which
rendered him paraplegic, when he fell over 20 feet off a pitched rooftop on the defendantsÆ
premises. The plaintiff and his employer had been hired by the defendant property owner and the
defendant property manager to replace defective siding and paint 25 buildings at the defendantsÆ
apartment complex. At the time of the accident, the plaintiff and two other employees were
working on the rooftop of Building 19. The plaintiff was inspecting the gables on the rooftop for
defective siding when he slipped and fell on the rooftop and tumbled over the edge.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $1 million. The liability insurance carrier for the plaintiffÆs employer agreed to pay the policy limits.

Specials in Evidence

$490,000 $93,000 $1 million $1.8 million

Injuries

The plaintiff suffered a T12 spinal fracture, which resulted in him becoming a paraplegic. He also suffered a fractured nose and a minor closed head injury. The plaintiff initially underwent surgery to fuse his spine and to insert Harrington rods. A later surgery was performed to remove these rods. In addition to his severe spinal injuries, the plaintiff suffered severe emotional distress and depression.

Other Information

The cross-complaint filed by the defendant property manager and the property owner against the plaintiffÆs employer remains pending as the defendants seek to recover attorney fees and costs from the cross-defendant.


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