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CONFIDENTIAL

Nov. 11, 1995

Personal Injury (Non-Vehicular)
Construction Accident
Slip and Fall

Confidential

Settlement –  $1,000,000

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Michael R. Rhames
(Law Offices of Michael R. Rhames PC)

Christopher P. Yuhl


Defendant

William E. Dickson

Thomas T. Johnson

Scott M. Schutz

Jeffery Reid Zeesman


Experts

Plaintiff

Richard H. Andolsen
(technical)

John R. Brault M.S.
(technical)

Theodore Vavoulis
(technical)

Jerry L. Hildreth
(technical)

Brian P. Jacks
(medical)

Arthur Kreitenberg M.D.
(medical)

Defendant

Kenneth B. Janeski
(technical)

J. Robert Harold
(technical)

Robert Freundlich
(medical)

Alfred D. Chichester
(technical)

Thomas L. Hedge Jr., M.D.
(medical)

Richard D. Bower
(medical)

G. Michael Morris
(technical)

Facts

On January 28, 1991, Plaintiff, a 49-year-old painter, was employed by a painting subcontractor at a construction site in Century City. Defendant developers/owners/general contractors of the job site were constructing numerous multimillion dollar condominiums. Defendant janitorial subcontractor was hired to "clean" the concrete garage floor of the condominiums where Plaintiff was working. Plaintiff had exited the condominium through the garage; he returned, entering through the garage where Defendant janitorial service had been cleaning the concrete floor with paint thinner, lacquer thinner, and paint remover -- all invisible on the floor. There were no barriers, no warning signs, and no safety cones. Plaintiff slipped on a patch of the liquid on the floor; he fell backward with both arms outstretched, to break his fall.

Settlement Discussions

Plaintiff contends his demand was $1,600,000 and Defendants offered $300,000.

Specials in Evidence

$237,963 $159,638 $280,097 $238,000

Injuries

Torn right rotator cuff requiring surgical intervention; this injury was retorn as a result of the use of a walking aid and required a second surgery and future surgery due to a bony prominence resulting after the first surgery; exacerbation of previously injured left hip requiring total hip replacement; depression and suicidal ideation requiring psychotherapy; and low back injury requiring physical therapy and future surgery.


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