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CONFIDENTIAL

Aug. 22, 1998

Personal Injury
Wrongful Death
Electrocution

Confidential

Settlement –  $1,000,000

Judge

William F. Nielsen

Mediator

J. Kelley Arnold

Court

USDC Washington


Attorneys

Plaintiff

Lance Palmer

Ted R. Willhite


Defendant

John Riseborough


Experts

Plaintiff

Lowell Bassett
(technical)

George Soule
(medical)

Brian Denekas
(medical)

David Tullis
(technical)

Edward Lucero
(technical)

Defendant

Mark Lawless
(technical)

Peggy Goldman
(medical)

Barbara G. Jessen
(medical)

David R. Knowles
(technical)

Jim Allen
(technical)

Facts

On Nov. 22, 1995, decedent, a 57-year-old journeyman ironworker, was working as subcontractor foreman for an ironworker crew laying rebar at a sewage treatment plant under construction in Bingen. The defendant was the general contractor. The decedent allegedly asked the defendant's crane operator to move a load of rebar closer to where the decedent was working. The defendant had not assigned anyone to act as a spotter/signalman. While moving the load, the crane operator moved the crane boom into high voltage lines directly over where the decedent was working. The decedent then touched the load. The decedent lived several days after the accident, but medical experts contested whether he ever experienced any conscious pain or suffering because of serious brain injury. The decedent's wife brought this action against the defendants based on negligence. The plaintiff claimed the general contract was negligent and the sole cause of the accident. The general contract contended the decedent was 100 percent at fault for the accident.

Settlement Discussions

The plaintiffs made a settlement demand for $ 2 million. The defendants made an offer for $250,000.

Specials in Evidence

$54,870.01 $269,289

Other Information

MEDIATION: A mediation was held on Dec. 16, 1997, before the Hon. U.S. Magistrate Judge J. Kelly Arnold, resulting in the reported settlement.


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