Facts

On May 12, 2006, at 8:20 a.m., plaintiff Yolanda Wilbert, 29, while within the course and scope of employment as a paraeducator for Norwalk-La Mirada Unified School District First 5 Program, was involved in an accident, involving bleachers assembled by Doe Studios Company. On the day of the accident, the bleachers were being used for a school photo shoot. The staff was instructed to walk over to the middle yard, and line up by height. The staff walked up to the bleachers. The plaintiff moved over to her left to stop on the footprints that were marked on the bleachers. Immediately after, the bleachers flipped up and plaintiff fell through with her leg caught between the bleachers. Plaintiff fell backward and hit her back and head against the wall, and then fell to the ground.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Doe Studio Company was negligent in assembling the equipment/bleachers for the photo shoot, and that these failures caused injuries to plaintiff.

DEFENDANT'S CONTENTIONS:
The defendant admitted liability but disputed the nature and extent of plaintiff's injuries. The plaintiff weighed 228 pounds at the time of the accident and the defendant claimed that anyone who weighs 228 pounds would have significant back problems regardless of whether or not the fall incident had occurred.

Settlement Discussions

The plaintiff demanded $425,000. The defendant made no offer until mediation before Mitchell C. Green, Esq.

Damages

$73,516 (workers' compensation lien). According to defense counsel who requested to be kept confidential, there was also a workers' benefit payout lien of $115,115.

Injuries

The plaintiff suffered 2 mm disc protrusion at T7-8 and 2 mm disc protrusion at T9-10; 3 mm lumbar spine disc protrusion at L5-S1; neural feraminol narrowing at C3-4 and C4-5; left knee sprain/strain; right lower extremity radiculopathy and future surgical intervention.

Result

The case settled for $200,000.

Other Information

INSURER: Gallagher Bassett Services Inc. for Doe Studio Company.