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CONFIDENTIAL

Aug. 30, 1994

Personal Injury (Non-Vehicular)
Construction Accident
Failure to Provide Safe Work Conditions

Confidential

Settlement –  $3,600,000

Judge

Charles Mertel

Court

King Superior


Attorneys

Plaintiff

John L. Messina

Stephen L. Bulzomi

Charles F. Mitchell


Defendant

John Rankin

Mark F. O'Donnell

James M. Lindsey, Jr.

James E. Lake


Experts

Plaintiff

Bruce Henley
(medical)

Jack A. Brewer
(medical)

Ron Zylstra
(technical)

Richard C. Leonard
(Leonard, Dicker & Schreiber) (technical)

David Cotton
(technical)

Sally Niles
(medical)

Defendant

Donald Silverman
(medical)

Jack Winsor
(technical)

Larry D. Brumbaugh
(technical)

Hank Ipema
(technical)

Robert A. Taylor
(technical)

Mark Hendricks
(technical)

Facts

On December 2, 1992, Plaintiff, a 31-year-old apprentice iron worker and an Oregon resident, was employed on a construction project for the building of a high school on the Sammamish Plateau. He went to use a portable toilet which had been placed near one of the unfinished school buildings. Another contractor drove a boomed forklift up to a building nearby. Conditions were very muddy, the lift did not have outriggers to stabilize it, and a one-ton load had been rigged to the tip of a single fork on the boom end. The lift slipped in the mud, the off-center load began to swing, and the lift toppled over, crushing the portable toilet and Plaintiff. Plaintiff sustained severe paraplegic injuries. Plaintiff brought this lawsuit against the employer of the lift operator, the general contractor, an individual who participated in the rigging of the load, and the rental company which provided the lift.

Settlement Discussions

Plaintiffs contend their demand was $4,500,000 and Defendants offered $3,600,000 on the third day of trial.

Specials in Evidence

$200,000 $2,959,415 not disclosed

Injuries

Multiple crushing fractures to the thoracic spine resulting in complete paraplegia requiring lengthy hospitalization and ongoing attendant care as well as a reduced length and quality of life.


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