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CONFIDENTIAL

Jun. 1, 2003

Personal Injury
Premises Liability
Collapsed Decking

Confidential

Settlement –  $825,000

Judge

Barbara Zuniga

Court

Contra Costa Superior


Attorneys

Plaintiff

Stanley J. Casper
(Casper, Meadows, Schwartz & Cook)


Defendant

John N. Carr
(Kidd Carr LLP)

Dale H. Thayer


Facts

On June 10, 2001, the plaintiff, a 35-year-old 240 pound Contra Costa County Deputy Sheriff, stepped off his patrol boat and fell through the defendant's dock. The dock had been rebuilt several years earlier by the defendant contractor who used 1"x8" decking set diagonally across stringers, resulting in a 24" span. Two years earlier, another deputy sheriff had similarly broken through the dock but was uninjured. The plaintiff's left Achilles tendon was surgically repaired. As a result of this injury, the plaintiff was determined to be unfit to return to his law enforcement position and received a medical retirement.

Settlement Discussions

After two mediation sessions before Jerry Spolter of JAMS, San Francisco, the defendants' highest offer was $500,000; the plaintiff sought $1 million. The case settled after Issue Conference, two days prior to trial for $825,000 cash.

Specials in Evidence

$19,250 $920,000

Injuries

Acute rupture of the left Achilles tendon.


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