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CONFIDENTIAL

Jan. 27, 1996

Personal Injury (Vehicular)
Negligence
Truck Accident

Confidential

Settlement –  $80,000

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Randall S. Firestone


Defendant

Samuel J. Muir

William D. Koehler

Thomas T. Johnson

Cary S. Macy


Experts

Plaintiff

Charles S. Lane
(medical)

Jerome Batal
(technical)

Don P. Sanders
(medical)

Facts

On April 5, 1991, the plaintiff, a 41-year-old plumber, was working at a residence job site. The plaintiff was in an alley cutting pipe that was sticking from the back of his truck when the pipe was hit by another truck at the job site, pulling the pipe threading machine onto the plaintiff's arm. The plaintiff filed this action against the general contractor, one subcontractor and two defendant trucking companies, one of which was dismissed without prejudice (with no contribution towards the ultimate settlement), based on negligence theories of recovery.

Settlement Discussions

The plaintiff demanded $250,000 and the defendants offered $20,000.

Specials in Evidence

$2,800 $100,000 Expected, but no amount was disclosed. none expected

Damages

$50,000 (defendant truck company), $10,000 (defendant subcontractors), and $20,000 (defendant general contractor). A. $59,3999 worker's compensation lien was satisfied for $7,500 with the plaintiff netting $72,500.

Injuries

Injury to arm requiring a few physical therapy sessions.

Other Information

The case was settled approximately three years and seven months after it was filed. An arbitration was held before Joseph Derring, Esquire. The arbitration resulted in an award for all defendants. The plaintiff filed a request for Trial de Novo. The case was settled thereafter.


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