Donald Carey v. Thomas Steo
Published: Dec. 17, 2002 | Result Date: Nov. 19, 2002 | Filing Date: Jan. 1, 1900 |Case number: SC068610 Bench Decision – $387,866
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Michael D. Waks
(Law Office of Michael D. Waks)
Experts
Plaintiff
H. Daniel Maghen
(medical)
David T. Fractor Ph.D.
(technical)
Defendant
David C. Toppino
(technical)
Robert W. Wilson
(medical)
Facts
The plaintiff, a 62-year-old pool and handy man, was attacked by the defendantÆs Siberian Husky while the
plaintiff was cleaning a spa while in the course and scope of his employment. He sustained a torn right (major
arm) rotator cuff which limited his ability to continue in his work as a pool and handy man.
Settlement Discussions
The plaintiff submitted a C.C.P. Section 998 demand for the policy limit of $300,000; the defense rejected the demand and refused to make any offer until the court ordered the case to a mandatory settlement conference just prior to trial. At the mandatory settlement conference before Hon. John H. Reid, the defense offered $175,000 which was rejected. An arbitration was held before Robert W. Beck, Esq. The arbitration award was $375,000.
Injuries
Torn right rotator cuff (major arm).
Result
With C.C.P. Section 998 interest and costs, the award will exceed $427,000.
Other Information
With C.C.P. Section 998 interest and costs, the award will exceed $427,000. The defendant filed a request for trial de novo.
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