Mario and Marta Lopez v. Frank and Geraldeen Maas, Bruce Sternberg
Published: Jun. 10, 1995 | Result Date: Mar. 23, 1995 | Filing Date: Jan. 1, 1900 |Case number: SC026524 – $1,000,000
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Michael F. Baltaxe
(Sottile Baltaxe)
R. Browne Greene
(Greene, Broillet & Wheeler, LLP)
Defendant
Thomas J. Dowling
(Hager & Dowling)
Frank T. Sabaitis
(Sabaitis, Lunsford & Moore)
Andrew D. Castricone
(Gordon & Rees LLP)
Experts
Plaintiff
Bouge M. Bernkopf
(technical)
Chris Baltaxe
(medical)
Dan H. Zwitman
(technical)
Richard H. Andolsen
(technical)
Joseph D. Vinso
(technical)
Michael A. Caggiano
(technical)
Morris S. Farkas
(technical)
Norman S. Namerow
(medical)
Stephen C. Wexler
(technical)
Marjorie Cooke
(medical)
Peter Mielen
(technical)
Herbert Goldenberg
(medical)
Defendant
Allan Keith Miller
(technical)
Leroy Miller
(technical)
Joseph E. Bogen
(medical)
Bryan C. Conley
(technical)
Facts
Plaintiff Mario Lopez, a 38-year-old electrician, was an employee of an electrical subcontractor who was working on a project owned by Defendants Frank and Geraldeen Maas. Defendant S.B.I. insurance company was the general contractor and Defendant Bruce Sternberg was the architect on the project. On November 23, 1991, Plaintiff fell through a plastic skylight or roof panel while working on the project. Prior to trial, on March 1, 1995, the matter was settled with Defendant S.B.I. for the policy limits of $1,000,000; Plaintiff proceeded to trial against Defendants Maas and Sternberg only.
Settlement Discussions
Plaintiff contends that prior to trial against Defendants Maas and Sternberg, he made a policy limit demand of $4,000,000 which was rejected and that; thereafter, the matter was settled on a minimum/maximum basis as follows: Plaintiffs would recover a minimum of $6,000,000 from Defendants Maas and Sternberg regardless of the outcome of trial, including a Defense verdict. Plaintiffs would recover a maximum of $9,000,000 from Defendants Maas and Sternberg even if the award at trial was in excess of that figure. Finally, if the amount recovered at trial was between $6,000,000 and $9,000,000, that would be the amount of the settlement. The parties further agreed that Browne Greene would bring a second lawsuit against Defendant S.B.I. on behalf of Maas and Sternberg for bad faith. The first $4,000,000 of the settlement would be paid immediately and the balance would be paid upon the completion of the second lawsuit for bad faith against S.B.I.'s insurer.
Specials in Evidence
$540,000 $100,000 $800,000 $7,586,713
Injuries
Quadriplegia and severe closed head injury resulting in a 4-week coma and brain damage with cognitive deficits and requiring 24-hour attendant care. Plaintiff's wife claimed loss of consortium.
Result
At the close of Plaintiff's case, the Court granted a non-suit to Defendants Frank and Geraldeen Maas based on Privette v. Superior Court, 5 Cal.4th 689 (1993). The case went forward to the jury as to Defendant Sternberg on an architectural malpractice claim.
Other Information
At the close of Plaintiff's case, the Court granted a non-suit to Defendants Frank and Geraldeen Maas based on Privette v. Superior Court, 5 Cal.4th 689 (1993). The case went forward to the jury as to Defendant Sternberg on an architectural malpractice claim. Attorneys Frank T. Sabaitis and Andrew D. Castricone were for purposes of the Privette motions only.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390