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CONFIDENTIAL

Jun. 20, 1996

Breach of Fiduciary Duty
Legal Malpractice
Negligence

Confidential

Settlement –  $900,000

Judge

David A. Workman

Court

L.A. Superior Central


Attorneys

Plaintiff

Gary A. Dordick
(Dordick Law Corporation)


Defendant

William S. Kannow


Facts

On September 14, 1976, the plaintiff suffered injuries during his delivery which caused autism. In April 1992, the plaintiff guardian ad litem retained the defendant attorney to pursue a medical malpractice action. The defendant doctor in the underlying action died without insurance and the time to present a claim against his estate had past. The defendant attorney filed a lawsuit against the hospital on an Elam v. College Park Hospital theory alleging negligence in allowing the doctor privileges and negligence of the hospital staff. On March 3, 1986, Los Angeles Superior Court Judge Richard Levine dismissed the plaintiff's medical malpractice case for failure to diligently prosecute. On April 7, 1995, before the plaintiff's 19th birthday, the plaintiff brought this legal malpractice action against the defendant attorney based on breach of fiduciary duty and negligence theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $1,000,000. The defendant made no settlement offers prior to mediation.

Damages

The plaintiff claimed $_____ in damages.

Injuries

The plaintiff alleged that he sustained autism with developmental delays.

Other Information

A mediation was held before the Hon. William Schottle, retired, JAMS/Endispute resulting in the reported settlement.


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