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CONFIDENTIAL

Oct. 30, 1993

Personal Injury (Non-Vehicular)
Premises Liability
Dangerous Condition

Confidential

Settlement –  $6,000,000

Judge

Phillip E. Cox

Court

Orange Superior


Attorneys

Plaintiff

Christopher E. Russell
(Russell & Lazarus APC)

Christine D. Spagnoli
(Greene, Broillet & Wheeler LLP)

R. Browne Greene
(Greene, Broillet & Wheeler, LLP)


Defendant

James Fritz

Henry J. Bogust

Michael D. McEvoy
(Murchison & Cumming LLP)


Experts

Plaintiff

Frederick E. Allen
(technical)

Bruce Achauer
(medical)

Truett Thompson
(technical)

Ervin Ruzies
(medical)

Paul Kayfetz
(technical)

Arnold D. Purisch M.D.
(medical)

Ervin Ruzics
(medical)

Lester M. Zackler M.D.
(medical)

Robert J. Cunitz
(technical)

Leonard N. Mattheson
(technical)

Defendant

Reo Barkle
(technical)

Don Hurst
(technical)

T.C. Cheng
(technical)

Robert Spease
(technical)

Daniel M. Rovner
(medical)

Alan M. Wilson P.E.
(technical)

Don Marble
(technical)

Jeffrey A. Schaeffer Ph.D.
(medical)

Edward L. Workman
(technical)

Douglas Bennett
(technical)

John H. Holly
(technical)

Deborah Cresswell Ph.D.
(medical)

Ralph Dodge
(technical)

Allan M. Nahum
(technical)

Facts

The Plaintiff, a 31-year-old painter, was painting the side of a building from the roof using a 12-foot aluminum pole, when the pole contacted a 12,000 volt overhead power line, causing severe injuries. The building was a new warehouse being constructed by Defendant separate partnership which was alledgedly affiliated with the Plaintiff's employer.

Specials in Evidence

$1,000,000 $500,000 $1,900,000

Injuries

Third degree thermal burn injuries to 60% of the plaintiff's body, including severe burns on thighs and legs, and resulting skin grafting and permanent disfigurement and scarring. In additon, the Plaintiff's genitals were completely destroyed, and his right arm was amputated. His left arm was severely disfigured and recently developed on osteo-myelitis infection in the bone. The Plaintiff also suffered some cognitive impairment from the electrial shock.

Other Information

(Workers Compensation Carrier) reimbursed $100,000 on $1,000,000 comp lien. Waived reimbursement on remaining comp lien, and guaranteed full payment of next $250,000 in future medical expenses, and 80% payment of next $200,000 in future medical expenses. Plaintiff waived disability payment.


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