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CONFIDENTIAL

Jul. 12, 1997

Personal Injury (Non-Vehicular)
Construction Site Accident
Fall

Confidential

Settlement –  $300,000

Judge

JoAnne L. Tompkins

Jay V. White

Court

King Superior


Attorneys

Plaintiff

Stephen L. Bulzomi


Defendant

Thomas L. Harris Jr.

George McLean Jr.


Experts

Plaintiff

Robert W. Moss
(technical)

Lawrence V. Majovski
(medical)

Kathryn Reid
(technical)

Defendant

Jacquelyn Weiss
(medical)

William Skilling
(technical)

Theodore J. Becker
(technical)

Facts

On July 24, 1994, the plaintiff, a 21-year-old iron worker, was employed by a company that had a subcontract with the defendant construction company to erect a steel structure at the Incredible Universe store in Auburn, Wash. The plaintiff noticed an unsafe condition on the roof of the construction site and noticed workers in the general area of the hazard. The plaintiff took a scissor lift to the roof to remedy the condition, and did not tie off with the security rope, although he knew that company policy required him to do so. The plaintiff fell when the building shifted. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $500,000. The defendant made an offer of compromise for $300,000.

Specials in Evidence

$90,000 $81,000

Injuries

The plaintiff claimed he suffered a fractured right acetabulum and sacroiliac. The plaintiff also suffered a traumatic epidural hematoma which required temporoparietal craniotomy.

Other Information

The settlement was reached approximately one year and four months after the case was filed. A mediation was held on May 14, 1997 before Joanne L. Tompkins of JAMS/Endispute, resulting in the reported settlement.


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