Confidential
Settlement – $1,225,000Court
USDC Eastern
Attorneys
Plaintiff
Richard C. Watters
(Miles, Sears & Eanni)
Defendant
Warren R. Paboojian
(Baradat & Paboojian Inc.)
Experts
Plaintiff
Rick A. Sarkisian
(technical)
Raymond G. Schultz
(technical)
Ronald A. Marks
(technical)
Claire Austin
(technical)
Defendant
John Rekus
(technical)
Robert J. Sutay
(technical)
Anthony C. Stein Ph.D.
(technical)
Facts
The decedent was a sandblaster working for cross-defendant company, a subcontractor of the defendant wine company. On July 17, 1997, the decedent connected his breathing system equipment to the plant compressed air piping system. This air piping system was interconnected with the nitrogen piping system. Nitrogen gas backed up into the compressed air system resulting in the supply of an oxygen-deficient atmosphere to the decedent's respirator. The decedent died from cerebral anoxia. The decedent was earning approximately $65,000 a year. The plaintiffs, the decedent's wife and three minor children, brought this wrongful death action against the defendant.
Settlement Discussions
The defendant made a C.C.P. º998 offer of compromise for $900,000.
Injuries
Death of husband and father.
Result
Included in the settlement were four separate annuities funded by $100,000 apiece for the minor plaintiffs to commence on their 18th birthdays. There was a further annuity purchased with $122,500 to pay out approximately 50 percent of the future workers' compensation death benefits to the 18th birthday of the youngest child.
Other Information
The settlement was reached approximately one year and seven months after the case was filed. A settlement conference/ mediation/ arbitration was held on Feb. 8, 1999, before Hon. Eugene Krum. Included in the settlement were four separate annuities funded by $100,000 apiece for the minor plaintiffs to commence on their 18th birthdays. There was a further annuity purchased with $122,500 to pay out approximately 50 percent of the future workers' compensation death benefits to the eighteenth birthday of the youngest child.
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