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CONFIDENTIAL

Jun. 6, 1998

Personal Injury
Maritime Law
Jones Act

Confidential

Settlement –  $135,000

Court

Santa Barbara Superior


Attorneys

Plaintiff

Elaine W. Mandel


Defendant

Neil S. Lerner
(Cox, Wootton, Lerner, Griffin & Hansen LLP)

Robert V. LaBerge

Brent G. Cheney


Facts

On March 14, 1995, the plaintiff, a 35-year-old deckhand, sustained an injury to his right thumb while in the course and scope of his employment with the defendant. The plaintiff was retrieving an anchor by hooking up cables to a buoy. The hook straightened out, and the plaintiff was thrown, sustaining injury to his right thumb. The plaintiff brought this action against the defendant under the Jones Act.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $___________. The defendant made a C.C.P. º998 offer of compromise for $____________.

Specials in Evidence

$42,000

Injuries

The plaintiff underwent three surgeries to his right thumb, with some residual loss of grip and mobility.

Other Information

The settlement was reached approximately 11 months after the case was filed. The plaintiff received workers' compensation benefits from Republic Indemnity which paid all medical bills and disability benefits to the plaintiff.


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