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CONFIDENTIAL

May 4, 1996

Personal Injury (Non-Vehicular)
Product Lease
Spoliation of Evidence

Confidential

Settlement –  $375,000

Facts

On February 5, 1993, the plaintiff, a 4-year-old cook(?) _________ (occupation pls.) was removing a lid from a large commercial pressure cooker manufactured by defendant manufacturer and sold by defendant seller when the steam inside the pressure cooker exploded causing burns to the plaintiff's upper body. The plaintiff sued his employer and workers compensation carrier on a spoliation of evidence theory because the pressure cooker disappeared following the accident even though the third party lawsuit was initiated by the compensation carrier and the plaintiff intervened. The plaintiff brought this action against the defendants, manufacturer and seller, based on negligence products liabilty and _________ theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $1,000,000 (policy limits) plus a claim for punitive damages. After two voluntary settlement conferences with retired Judge Earl Riley, the defendants, _______________ (who or all), made a $265,000 settlement offer.

Specials in Evidence

$49,797 $________ None anticipated None anticipated

Injuries

The plaintiff alleged that he sustained second and third degree burns on his upper body which left no visible residual scarring as a result of the accident.

Other Information

The settlement was reached approximately ___ years and ___ months after the case was filed. Two voluntary settlement conference were held on ___/___/199__ and ___/___/199__ before Earl Riley, retired of _____________ (affiliation or court) resulting in the settlement.


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