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CONFIDENTIAL

Mar. 25, 1995

Personal Injury (Vehicular)
Industrial Accident
Loading Negligence

Confidential

Settlement –  $200,000

Judge

Dennis Keough

Court

Orange Superior


Attorneys

Plaintiff

George R. Kingsley

Kenneth L. Kazan


Defendant

Benjamin H. Seal II


Experts

Plaintiff

Ronald Joseph
(medical)

Janice Wexler
(technical)

Michael Cowan
(technical)

Richard Manganaro
(medical)

Peter Formuzis Ph.D.
(technical)

Defendant

Edward L. Workman
(technical)

Theodore Vavoulis
(technical)

James A. Black
(technical)

John G. Perry
(technical)

Eugene Malitz
(medical)

George M. Brinton
(technical)

George S. McCann
(medical)

V. Paul Herbert C.P.S.A.
(technical)

Facts

On July 15, 1992, Plaintiff, a 34-year-old truck driver, and an assistant (an employee of Defendant tire company) were loading a 2,300 pound off-terrain-road tire onto Plaintiff's truck when the tire began to wobble (while in the process of rolling it up the dock plate). Plaintiff extended his right arm in an attempt to keep the tire from falling.

Settlement Discussions

Plaintiff contends that he demanded $450,000 including the $91,557 Worker's comp lien and that Defendant offered $1,000.

Specials in Evidence

$49,852 approximately $80,000 (disputed) $500,000

Injuries

Right shoulder dislocation with torn rotator cuff; carpal tunnel syndrome; ulnar nerve damage -- requiring a total of 4 surgeries.


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