Confidential
Settlement – $150,000Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Michael A. Cholodenko
(Law Offices of Michael A Cholodenko)
Defendant
Experts
Plaintiff
Thomas J. Montell
(medical)
Defendant
Kendall S. Wagner M.D.
(medical)
David Sinsley
(technical)
Facts
The Plaintiff in this case had been a high school auto shop teacher for 24 years and was 46 years of age, at the time of the subject incident. In February of 1993, Defendant, one of Plaintiff's students, arranged to have his grandfather's 1951 Willy's Jeep towed to Plaintiff's auto shop class, to work on the vehicle as a class project, for which Defendant would earn credit. Plaintiff allegedly announced to the entire class that Defendant was not to drive the jeep under any circumstances; although no one has come forward to testify that Defendant was seen driving the subject vehicle. On March 29, 1993, the date prior to this incident, Defendant discovered that the jeep's brakes were not working properly; and Plaintiff instructed Defendant to check the fluid level. The following morning, Plaintiff allegedly instructed Defendant to "bleed the brakes." Instead, Defendant worked on either the engine or the exhaust. At some time during the shop period on March 30, 1993, Defendant allegedly announced aloud in the presence of several students that he did not know how he would get the jeep back into the shop, since it had no brakes. Near the end of the class, Defendant started the vehicle and proceeded straight through the open garage door to the interior of the shop where Plaintiff was standing (with his back to the open door); and Defendant drove directly into Plaintiff.
Settlement Discussions
Plaintiff contends that, prior to the mandatory settlement conference, he demanded $250,000 including the Workers' compensation lien increased to $303,000; and Defendant made no offers.
Specials in Evidence
$35,000 $11,000
Injuries
Multiple right leg fractures requiring open reduction internal fixation; torn medial meniscus of the right leg requiring surgical revision and physical therapy.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390