David Fairbanks and Rochelle Fairbanks v. Scenic Expressions, Inc. and Richard Vis Superior Court of Los Angeles County, CA
Published: Feb. 24, 2007 | Result Date: Nov. 22, 2006 | Filing Date: Jan. 1, 1900 |Case number: Confidential Settlement – $325,000
Court
L.A. Superior
Attorneys
Plaintiff
Scott D. Miller
(Sullivan & Cromwell LLP)
Ilan Heimanson
(Heimanson & Wolf LLP)
Jeffrey D. Wolf
(Heimanson & Wolf LLP)
James L. Pocrass
(Pocrass & De Los Reyes LLP)
Defendant
Experts
Plaintiff
Robert A. Audell
(medical)
Tamara Hunt
(technical)
Joseph Condon
(medical)
Sandra Schneider
(technical)
Defendant
Heidi Paul Ph.D.
(technical)
Richard C. Rosenberg M.D.
(medical)
Michael Weiner
(medical)
Facts
In 2003, David Fairbanks, who is employed by 20th Century Fox, was working on the set of "Judging Amy," a television show. Fairbanks, who is employed as a grip, was injured when set walls that were propped up on a truck fell on his foot. Alleging negligence, Fairbanks filed a lawsuit against Scenic Expressions Inc., the company that transported the set walls, as well as the truck's driver, Richard Vis. 20th Century Fox sought to intervene with a workers' compensation lien.
Contentions
DEFENDANTS' CONTENTIONS:
The defendants denied liability for the accident, claiming they did not deliver the set walls on the day of the accident.
PLAINTIFF'S CONTENTIONS:
The plaintiff countered the defendants' claim by indicating that Defendant Scenic Expressions was liable because no other company makes deliveries to the 20th Century Fox lot for the "Judging Amy" show. Further, its driver, Defendant Vis, was seen on the set of the show on the day the accident occurred.
Settlement Discussions
The plaintiff demanded $1 million (C.C.P. 998).
Injuries
The plaintiff claimed that pre-existing injuries in his left foot and knee were aggravated by the accident. His knee injury required treatment by injections. He also claimed that he suffered from complex regional pain syndrome and arthritis in his toe. The defense challenged the extent of the plaintiff's injuries, claiming he suffered only a contusion to his toe.
Result
$325,000 mediated settlement.
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