Confidential
Settlement – $15,000Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
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.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390