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CONFIDENTIAL

Dec. 4, 1993

Personal Injury (Non-Vehicular)
Construction Accident
Collapsed Decking

Confidential

Settlement –  $162,500

Judge

Marvin D. Rowen

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Thomas G. Stolpman
(Stolpman Law Group)


Defendant

Gary G. Dye

Belinda R. Mayes

Gary G. Dye


Experts

Plaintiff

Rama Chandran
(medical)

Facts

On March 29, 1988, Plaintiff, a 36-year-old architectural stone mason, was assigned by his employer to do cosmetic repairs of the granite exterior siding of a building in Woodland Hills. In order to do this, he hung his equipment over the side of the building and rappelled down the side of the building. He had been doing this work off and on for several weeks. On this particular date, when he landed on the roof deck (metal decking which had not yet been poured with concrete), a sheet of metal decking, 30 feet by 3 feet, gave way under his foot. His knee twisted and went through the decking and struck a steel beam. The Plaintiff had two subsequent accidents, one in June 1988 and another in February of 1989.

Settlement Discussions

Plaintiff contends their pre-trial demand was open, subject to the Defendants' offering "at least six figures;" Defendants offered a $50,000 gross package. Defendants contend their offer early in the matter was $50,000; and they refused to increase that offer based on Plaintiff's demand "in the seven figure range" demand on the first day of trial; Plaintiff later demanded $250,000.

Specials in Evidence

$20,000 $100,000 unspecified, reduced capacity

Injuries

Exacerbation of 1978 right knee injury and aggravation of pre-existing osteochondritis dessicans requiring two arthroscopic surgeries to scrape the left femoral condyle; torn medial meniscus requiring surgical repair (4 years after the injury).

Other Information

A prior arbitration by John Bonelli resulted in a Plaintiff's award of $120,000; trial de novo by Defendants.


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