Confidential
Settlement – $1,000,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Thomas G. Stolpman
(Stolpman Law Group)
Defendant
Experts
Plaintiff
Richard E. Cale
(technical)
Mack A. Quan
(technical)
Peter Formuzis Ph.D.
(technical)
Defendant
Richard A. Schmidt
(technical)
John R. Fletcher
(technical)
Robert A. Kadlec
(technical)
Facts
On April 7, 1994, the decedent, a 39-year-old part-time government liaison, was camping at the Mitchell Caverns Campgrounds Providence Mountain area west of Needles, Calif. The decedent was camping with her three sons, aged 13, 10 and 3, in a folding tent trailer manufactured by the defendant manufacturer. The trailer had been purchased new from the defendant distributor. After the decedent and her sons prepared to retire for the night, the wind came up. A door on the folding tent trailer could not be latched properly because the latch was bent. The decedent exited the tent trailer in order to attempt to stop the door from banging in the wind. Shorly after she exited the trailer, a gust of wind caused the trailer to roll over on top of her. The three boys were trapped in the tent (while it lay on its side on top of their mother) until they were able to separate the tent material from the frame and exit the tent. During these efforts, they were talking with their mother. Park rangers heard the boys yelling and responded. They attempted to jack up the tent trailer using a car jack. By the time the decedent was extricated she had been asphyxiated. CPR efforts proved futile and she died. Witnesses at the scene estimated wind speeds at up to 100 mph. The plaintiffs, the decedent's husband and children, brought this action against the defendants, the tent trailer's manufacturer and distributor, based on products liability, negligence and negligent infliction of emotional distress theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $1,975,000. The defendants made a C.C.P. º998 offer of compromise for $25,000 (from defendant Fleetwood) and $5,000 (from defendant American), which was raised to $300,000 three days before trial, and to $500,000 (combined) on the first day of trial.
Specials in Evidence
$___________ $566,000 to $800,000 (per the plaintiffs)
Damages
The plaintiffs contended that they sustained economic losses of at least $566,000 (assuming that the decedent continued to work on an hourly rate consistent with her past part-time employment) and that the figure would rise to $800,000 if she were to receive a salary equal to the average woman with a master's degree. The plaintiffs also claimed damages for infliction of emotional distress. The plaintiffs further claimed funeral expenses of $5,000.
Injuries
Death of a wife and mother.
Other Information
The settlement was reached at the conclusion of jury selection of the second day of trial, approximately one year and two months after the case was filed.
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