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CONFIDENTIAL

May 3, 1997

Personal Injury (Non-Vehicular)
Toxic Tort
Pesticide Exposure

Confidential

Settlement –  $15,000

Judge

Ronald S.W. Lew

Court

USDC Central


Attorneys

Plaintiff

Russell R. Ghitterman


Defendant

Arthur B. Cook

Ian M. Green
(Hill Farrer & Burrill LLP)


Experts

Plaintiff

Jeffrey L. Anderson
(medical)

Defendant

Karen McLachlan Baggett
(medical)

M. Joseph M. Fedoruk M.D.
(medical)

Facts

On Feb. 15, 1995, the plaintiff wife, a 34-year-old bank teller, was allegedly exposed to pesticide applied by the defendant exterminator to her work area. The plaintiff wife claimed she had notified the defendant prior to application that she was especially sensitive to chemicals and that the defendant's employee assured her it was safe. The plaintiffs, husband and wife, brought this action against the defendant based on negligence, strict liability (ultrahazardous activity) and loss of consortium theories of recovery.

Settlement Discussions

The plaintiffs made an initial settlement demand for $440,000 and a final settlement demand of $35,000. The defendant made a C.C.P. º998 offer of compromise for $7,500, raised to $15,000.

Specials in Evidence

$15,000 (per the defendant) or $5,000 (per the plaintiff) $45,000 $______________ $5,000

Injuries

The plaintiff wife alleged she suffered aggravation of pre-existing chronic fatigue syndrome, and multiple chemical sensitivities. The plaintiff husband claimed loss of consortium.

Other Information

The settlement was reached approximately one year and one month after the case was filed.


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