Confidential
Settlement – $140,000Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jerry L. Hildreth
(technical)
Raymond G. Schultz
(technical)
Facts
On Sept. 26, 1995, the plaintiff, a 35-year-old electrician apprentice, was working in a loft unit of a condominium project. Employees of defendant framing subcontractor, were working on the floor below the plaintiff (second story), and cut out a hole in the ceiling that was approximately 2-feet by 2+-feet. The plaintiff, on the floor above, stepped in the freshly cut hole, fell approximately 10 feet, and sustained injuries. The plaintiff was airlifted to UCLA Medical Center where he underwent various surgeries. The plaintiff brought this action against the defendants based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $199,999.99. The defendant made no offer until the mediation.
Specials in Evidence
$41,811.17 $40,000 (approximately)
Injuries
The plaintiff suffered a fractured patella requiring hardware, ruptured anterior cruciate ligament, reconstruction of posterior cruciate ligament with achilles tendon allograft (right knee) and glenolabral tear of right shoulder.
Other Information
The settlement was reached approximately one year after the case was filed. A mediation was held on Aug. 15, 1997, before Steven Sauer resulting in the reported settlement. The plaintiff was assigned the workers' compensation subrogation lien of the State Compensation Insurance Fund pursuant to a sliding scale recovery agreement and received $45,187.92 for their lien. The State Compensation Insurance Fund had already paid disability indemnity to plaintiff of over $70,000. The plaintiff's attorney also handled the underlying workers' compensation claim for plaintiff.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390