Confidential
Settlement – $55,000Mediator
Court
Chelan Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
William D. Pratt
(medical)
Edward L. Farrar
(medical)
Defendant
Stephen Sears
(medical)
Facts
On June 20, 1994, the plaintiff, a 50-year-old owner of a janitorial business, was driving 55 mph on State Route 97 near Wenatchee at 12:30 a.m. when his vehicle struck a large ditch spanning the roadway. The defendant construction company had excavated a trench across the road to install a drainage culvert and filled the trench with a cement aggregate material which spilled out of the trench as the drivers crossed it. The plaintiff contended the trench was 6 to 8 feet wide and 8 inches deep, spanning the width of the highway. The plaintiff claimed there were no warning signs in place which was disputed by the defendants. The plaintiff contended his injuries forced him to sell his sucessful janitorial business. The plaintiff brought this action against the defendants based on negligence.
Settlement Discussions
The plaintiffs made a settlement demand for $298,205.43. The defendant made an offer of $30,000 before mediation.
Specials in Evidence
$20,420.23 $77,785 $110,000
Damages
The plaintiff's spouse claimed loss of consortium.
Injuries
The plaintiff claimed aggravation of a prior back condition and severe neck and shoulder pain. He required cervical fusion surgery at C5-6, and continues to suffer headaches.
Other Information
A mediation was held on March 31, 1998, before Harry Goldman of WAMS, resulting in settlement.
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