Confidential
Settlement – $1,500,000Court
Alameda Superior
Attorneys
Plaintiff
Timothy G. Tietjen
(Rouda, Feder, Tietjen & McGuinn)
Defendant
John L. Supple
(J Supple Law PC)
Facts
On Nov. 18, 1997, the plaintiff, 46, was tending a concrete hose, pouring concrete into panels for "tilt-up"
building construction. Suddenly, the concrete hose emitted compressed air and whipped around, striking the
plaintiff and throwing him to the ground. The plaintiff claimed injuries to his spine, brain and shoulder as a
result of this accident.
Defendant pumping company was operating the concrete pumping machine that was supplying the concrete to
the plaintiff and his co-workers at the time of the incident. Defendant pumping company had been hired by the
plaintiffÆs employer. Defendant mixing company was also hired by the plaintiffÆs employer to supply the
concrete to the job site. Defendant mixing company subcontracted with defendant subcontractor to assist in
delivering the concrete to the pumping machine.
Specials in Evidence
$113,000 $178,000 $550,000 to $1.2 million $293,000
Damages
The plaintiffÆs wife claimed loss of consortium due to her husbandÆs injuries. $319,000 (loss of household services)
Injuries
The plaintiff was briefly knocked unconscious as a result of his being struck by the concrete hose. He was hospitalized for five days with complaints of low back pain and left side pain in his abdomen and chest. Approximately four months post accident, MRIs taken of plaintiffÆs spine revealed multi level disc degeneration and disk tears. Neuropsychological testing indicated brain injuries resulting in cognitive difficulties. In addition, the plaintiff experienced persistent dizziness and vertigo. In June 2000, the plaintiff underwent low back surgery to decompress a left-side nerve root compression. The plaintiff also underwent arthroscopic surgery of his left shoulder to repair a torn biceps tendon. Finally, the plaintiff claimed sexual dysfunction as a result of medications taken for his multiple injuries. The plaintiffÆs treating physicians testified that the plaintiff suffered from chronic pain syndrome and that this condition would permanently disable him from returning to gainful employment. The defendants contended that the plaintiff had multiple pre-existing problems with his neck, low back and shoulders and that the accident caused only a temporary aggravation of his pre-existing conditions. The defendants claimed that the plaintiff did not suffer any traumatic brain injury in the accident and that his subsequent course of treatment was atypical for brain injury patients. The defendants also claimed that the plaintiffÆs sexual dysfunction problems were related to underlying conditions of diabetes and not accident related.
Result
The case was settled at a mediation session before Coleman Fannin on March 10, 2001. $750,000 was paid by defendant concrete pumping; $475,000 was paid by defendant ready mix; and $275,000 was paid by defendant subcontractor. The workerÆs compensation lien of $213,000 was resolved for $175,000 and a Third Party Compromise and Release.
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