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CONFIDENTIAL

Jun. 24, 1995

Personal Injury (Non-Vehicular)
Construction Accident
Fall

Confidential

Settlement –  $642,500

Court

San Francisco Superior


Attorneys

Plaintiff

Edwin Train Caldwell

Michael Train Caldwell
(Caldwell Law Firm)


Defendant

Larry N. Kloenhamer

Brian S. O'Malley

Louisa Jaskulski

Eliot M. Reiner


Experts

Plaintiff

Gordon Bunker
(technical)

Edward M. Katz
(medical)

Carol R. Hyland M.A.
(technical)

Robert W. Johnson CPA
(technical)

Defendant

Milo D. Bell
(technical)

Charles R. Perry
(technical)

Facts

On August 27, 1992, Plaintiff, a 32-year-old framing superintendent in the course and scope of his employment, was on the second floor of a building under construction when he fell to the ground floor. He had stepped on some floor joists; the joists had been sawed through, left without a warning, and left without being secured.

Settlement Discussions

Offers and demands, exchanged prior to this result, were not disclosed.

Specials in Evidence

$68,000 $200,000 $30,000 possible

Injuries

Comminuted compound fracture of the right os calcis requiring open reduction with resultant subtalar arthritis which may require future subtalar fusion; fracture of the left os calcis requiring closed reduction with evidence of arthritis; T12 fracture which healed with some residual pain.


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