Confidential
Settlement – $1,000,000Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Keith P. More
(Bentley & More LLP)
Defendant
James C. Packer
(Lewis, Brisbois, Bisgaard & Smith LLP)
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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