Confidential
Settlement – $1,925,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
James F. Pokorny
(ADR Services, Inc.)
Defendant
Experts
Plaintiff
Norman L. Horton
(technical)
John Schwaner
(technical)
Michael Dunwoody
(technical)
Joel F. Citron
(medical)
F. Warren Lovell M.D.
(medical)
Defendant
Mel Vague
(technical)
Allen Light
(technical)
Vijay Gupta Ph.D.
(technical)
Richard S.H. Lee
(technical)
Charles Morin
(technical)
Charles Bery
(medical)
Robert Figlin
(medical)
David Kohlman
(technical)
Ronald Smith
(technical)
Richard Wilken
(technical)
Facts
On April 23, 1996, a 47-year-old pilot and his 38-year-old passenger were flying in a helicopter which crashed. The defendants included the manufacturer of the engine, the manufacturer of the seat belt and the helicopter owner/operator who rented the helicopter to the pilot. Witnesses observed the helicopter orbiting the San Diego Kaiser Hospital at an altitude of approximately 100-200 feet and at a slow speed. It was then seen descending vertically towards the ground while rotating about the vertical axis of the helicopter, impacting between two houses. Post-crash examination of the rotor system showed very little rotational damage on impact. There were two occupants in the small helicopter. The passenger sustained serious injury to the left lower extremity from which he recovered. The pilot, however, received a fatal injury to his head when the upper torso restraint strap from the inertia reel of the aircraft failed. The plaintiffs brought this action against the defendants based on negligence and strict liability theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $2.5 million. The defendants made a C.C.P. º998 offer of compromise for $800,000; $600,000 to decedent's survivor and $200,000 to plaintiff passenger.
Injuries
Death of a father and husband. The plaintiff passenger sustained ligamentous injury of the left knee, a fractured fibula and fractured metatarsals of the left leg and foot.
Other Information
The settlement was reached approximately one year and seven months after the case was filed. MEDIATION: A mediation was held on June 26, 1998, before John Trotter of JAMS/Endispute resulting in the reported settlement. Per defendants, an autopsy revealed that decedent suffered from renal cell carcinoma.
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