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CONFIDENTIAL

Nov. 16, 1996

Personal Injury (Vehicular)
Construction Accident
Premises Liability

Confidential

Settlement –  $1,000,000

Judge

Rufus L. Yent

Court

San Bernardino Superior


Attorneys

Plaintiff

Keith P. More
(Bentley & More LLP)


Defendant

James C. Packer
(Lewis, Brisbois, Bisgaard & Smith LLP)

Michael S. Sutton

Michael A. Salzmann

Robert S. Rucci
(Haight, Brown & Bonesteel LLP)


Experts

Plaintiff

Gary Stewart M.D.
(medical)

Howard Lieberman
(medical)

Wayne H. Lancaster
(technical)

Gerry Aster
(technical)

Jerry L. Hildreth
(technical)

Ted Greenzang
(medical)

Defendant

Gary L. Painter
(medical)

Kendall S. Wagner M.D.
(medical)

Richard Rappaport
(medical)

John B. McDowell
(technical)

Cynthia Ward
(technical)

James E. Peterson Jr.
(technical)

Facts

On Jan. 29, 1994, at 2:30 p.m., the plaintiff, a 40-year-old painter/supervisor, in the course and scope of his employment at a construction project in Barstow, sustained substantial physical injuries when he drove a scissors lift into a floor sink. The floor had been previously covered with visqueen by co-employees of the plaintiff, there was no cover on the floor sink or demarcation. The plaintiffs, the painter and his wife, brought this action against the defendants, the general contractor, The plumbing company and The Provider of the scissors lift based on negligence, premises liability and loss of consortium theories of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $1.4 million, increased to $1.6 million at the mandatory settlement conference.

Specials in Evidence

$57,000 $87,000 $500,000 $15,000

Damages

The plaintiff wife claimed loss of consortium.

Injuries

The plaintiff claimed acute bilateral comminuted fractures of the calcaneous requiring bilateral triple arthrodesis lumbar strain and post traumatic head syndrome

Other Information

The settlement was reached approximately one year and 10 months after the case was filed.


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