Confidential
Settlement – $485,000Judge
Court
Fresno Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Charles J. Samo
(technical)
Mark Graham
(technical)
Thomas H. Milby
(medical)
Rick A. Sarkisian
(technical)
Ted Vavoulis
(technical)
Defendant
Richard C. Warner
(technical)
Anthony C. Stein Ph.D.
(technical)
Michael Stulbarg
(medical)
Harry Louis Skalsky
(technical)
Facts
Kay Nelson, 47, worked as a customer service supervisor for Skywest Airlines at Fresno-Yosemite International Airport. In June 2002, the airport was under construction for additions and improvements. Mauldin-Dorfmeier Construction Inc. was the general contractor. Rising Sun Co., a concrete subcontractor, performed sandblasting at the site. Early on June 18 and 19, Rising Sun employees sandblasted near the main entrance of the airport, which was the entrance Nelson used for work. Nelson breathed in heavy sandblasting dust as she walked through the entrance. Nelson sued Mauldin-Dorfmeier and Rising Sun, alleging toxic tort and negligence.
Settlement Discussions
Nelson demanded $900,000. The defendants offered $75,000.
Specials in Evidence
$22,000
Damages
Nelson sought total past and future economic damages of $531,470.
Injuries
On June 20, Nelson's doctor made an initial diagnosis of reactive airway dysfunction syndrome (RADS). RADS is basically asthma that is triggered by a variety of environmental agents. Nelson's doctor referred her to Stanford Hospital Chest Clinic for further examination. A pulmonologist at the hospital treated Nelson and confirmed that she had RADS. Her main symptoms were chronic cough and wheezing, which affected her ability to engage in activities of daily life. Nelson's vocational rehabilitation expert believed that the dust exposure made it unlikely that Nelson could continue in her position, which involved talking for any length of time.
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