Confidential
Settlement – $250,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Brian D. Chase
(Bisnar Chase LLP)
Defendant
Experts
Plaintiff
Tamorah Hunt
(technical)
Richard H. Anderson
(technical)
Defendant
George M. Brinton
(technical)
Edward L. Workman
(technical)
Facts
On March 26, 1996, plaintiff Robert Burns, a 50-year-old self employed truck driver, was delivering a load of frozen french fries to defendant Cral Karcher's Anaheim warehouse. The plaintiff was assisting a Carl Karcher employee off load the french fries from his trailer. While plaintiff was bending over laying an empty pallet on the ground, the Carl Karcher employee was driving an electric pallet jack directly towards the plaintiff. The plaintiff jumped out of the way of the oncoming pallet jack and up onto the empty pallet he was laying on the floor. As the plaintiff stepped up on to the empty pallet, his foot was caught and he fell to the ground injuring his back. As a result of the accident, the plaintiff injured his low back ultimately undergoing a lumbar laminectomy and fusion. As a result of the back injury, the plaintiff was unable to go back to his occupation as a truck driver. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $750,000. The defendant made a C.C.P. º998 offer of compromise for $200,000. On the first day of trial, defendant disclosed to plaintiff that it had evidence of a 30 year old prior spinal injury causing temporary lower extremity paralysis, requiring a three year hospitalization which plaintiff had denied in discovery. The matter settled for $250,000.
Specials in Evidence
$60,000 $60,000 $300,000
Injuries
The plaintiff sustained lumbar laminectomy and fusion at L4-5, L5-S1.
Other Information
The settlement was reached approximately ___ years and ____ months after the case was filed. A settlement conference/arbitration/mediation was held on ___/___/19___ before ______ (name) of _______ (affiliation) resulting in ______________.
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