Confidential
Settlement – $570,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Robert J. Rossi
(Homan & Stone)
Experts
Plaintiff
Cynthia Murphy
(medical)
Gene Secrest
(technical)
Charles E. Turnbow
(technical)
Vance O. Gardner
(medical)
Wayne H. Lancaster
(technical)
Brian J.W. Boyd
(medical)
Robert Gorab
(medical)
Defendant
Richard N. Selby
(medical)
Edward A. Abraham M.D.
(medical)
E. Avery Reed
(technical)
G. Michael Morris
(medical)
Facts
On April 17, 1996, plaintiff, a 42-year-old collections manager, while walking on a stairway at the West Chapman Business Center on his way to the bathroom, slipped on small roofing granules which had come from the roof and canopy overhangs. The plaintiff fell to the ground and suffered permanent injuries. Approximately six months prior to plaintiff's fall, repairs had been made to the roof of the building in which plaintiff worked. The plaintiffs, husband and wife, brought this action against the defendant owner based on negligence, premises liability and loss of consortium theories of recovery. Defendant filed a cross-complaint against the roofing company and the materials manufacturer seeking express indemnity.
Settlement Discussions
The plaintiffs' original demand for settlement prior to the first mandatory settlement conference in May 1997 was $750,000. Thereafter C.C.P. º998 offers were made by plaintiffs - $749,999.99 on April 10, 1997, revoked April 23, 1997; $1 million on April 23, 1997; $1.15 million on June 12, 1997; $700,000 on Sept. 11, 1997. The defendants offered $100,000 at a mediation held on Aug. 20, 1997. Cross-defendants offered nothing. On Sept. 12, 1997, defendants made a C.C.P. º998 offer in the amount of $500,000.
Specials in Evidence
$35,143.55 $68,000 ($4,000 per month for 17 months) $900,000 $55,000
Injuries
The plaintiff sustained a left intertrochanteric femur fracture. Secondary to fracture, plaintiff began to experience a gradual weakness in the left lower extremity and upper extremities. In addition, plaintiff suffered a 4 mm disc protrusion at C4-5 with moderate to severe left-side neuroforaminal stenosis. His hip fracture healed improperly due to a muscle imbalance in his lower extremity. The plaintiff alleged his left leg may now need to be re-broken and re-set to staighten it. The plaintiff is still in a wheelchair.
Other Information
The settlement was reached approximately one year and five months after the case was filed. The trial began on Sept. 22, 1997. At that time Judge Siegel conducted protracted settlement discussions which resulted in settlement of the case for the reported amount. Plantiff-in-intervention waived its lien.
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