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CONFIDENTIAL

Nov. 4, 1995

Personal Injury (Non-Vehicular)
Premises & Product Liability
Fire

Confidential

Settlement –  $7,000,000

Judge

John K. Trotter

Court

L.A. Superior Central


Attorneys

Plaintiff

Richard B. Koskoff

Lawrence R. Booth


Defendant

Robert E. Kuhn

Paul N. Stam

Steven L. Smilay

Scott A. Freedman
(Southern California Gas Co)


Experts

Plaintiff

Gordon Damant
(technical)

Billy Sanders
(technical)

Ira Frank
(medical)

Martin J. Siegel
(technical)

Defendant

Lester M. Zackler M.D.
(medical)

Robert A. Kadlec
(technical)

Charles W. Spenler
(medical)

William C. Crookshanks
(technical)

Howard Needles
(technical)

Facts

In May of 1992, Plaintiff, an immigrant from Bangladesh, rented an apartment from Defendant premises owner. He allegedly had difficulty, from the beginning of his tenancy, with lighting the 4-burner stove. He complained to management who sent him various handymen to repair; but then the stove would stop functioning again after 10 or 12 days. This occurred approximately 6 times. Management requested that he put these complaints in writing; he allegedly made 4 complaints (disputed) concerning the stove and other deficiencies in the apartment. Allegedly all the apartments in this 57-unit building owned by Defendant had identical stoves which were 30-plus years old and at least 20 percent were defective, allegedly due to corrosion and age. Management told Plaintiff (and allegedly others) to light the burners with a match or lighter, if they had difficulty. On November 9, 1992, when Plaintiff was a 33-year-old parking-lot cashier, he was attempting to light the stove with a piece of paper by transferring the flame from one defective burner to another, when a fire/explosion occurred which engulfed him, setting his clothes on fire. He was wearing a polo shirt purchased from Defendant retailer, a traditional wrap-around skirt known as a "longhi," and no underwear. Defendants consisted of the owners of the apartment complex; the prior premises-management company; and the management company at the time of the incident (premises Defendants). In addition, Plaintiff sued the polo shirt retailer and manufacturer (clothing Defendants).

Settlement Discussions

Offers and/or demands, exchanged prior to this result, were not disclosed.

Specials in Evidence

$900,000 minimum wage $100,000

Injuries

Second and third degree burns over approximately 60 percent of the body, primarily below the waist and including his genitalia, buttocks, and back requiring 3 months hospitalization, skin graft surgeries, and extensive psychotherapy; residual scarring, impotency, and trauma. There were no burns to his face or neck.


#116984

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