Confidential
Settlement – $400,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Thomas E. Lotz
(Lotz Doggett & Rawers LLP)
Timothy D. Lucas
(Thomas Lucas)
Experts
Plaintiff
Doreen Casuto RN, MRA, CRRN, CCM
(technical)
Clark R. Clipson
(medical)
Kevin D. Gerhart
(medical)
Brian Ewald
(medical)
Roberta J. Spoon
(technical)
Daniel Rhoten
(medical)
Defendant
Gerald H. Udinsky
(technical)
Dominick Addario
(medical)
Walter Olsen
(medical)
Thomas L. Hedge Jr., M.D.
(medical)
Linda D. Olzack R.N.
(medical)
Daniel A. Capen
(medical)
Facts
On March 30, 2001, the plaintiff Randy Machado, 51, walked into N.Y. Pizza Deli in downtown San Diego to use the restroom. As he walked downstairs in the storage area, he fell and grabbed onto the handrail. The handrail dislodged from the wall, causing the plaintiff to slip head-first down eight stairs. He was taken to UCSD Medical Center for treatment of an injury that rendered him C7 quadriplegic. Before suit was filed, the plaintiff settled with N.Y. Pizza and its owner for the policy limits of $3 million. Subsequently, the plaintiff sued the Regents of the University of California on account of the medical care he received at UCSD following the fall.
Settlement Discussions
Randy made a C.C.P. Section 998 demand of $250,000; Alice made a C.C.P. Section 998 demand of $150,000.
Specials in Evidence
$150,000 (paid by Medi-Cal)
Damages
The plaintiff's blind wife, claimed loss of consortium.
Injuries
The plaintiff was developmentally disabled at the time of the incident and was unemployed. He is now a C7 quadriplegic.
Result
The case settled with the Regents at $400,000. The case was consolidated with an equitable action brought by California Capital Insurance Co., an insurance carrier that paid $2 million of the $3 million presuit settlement. California Capital Insurance Co. dismissed its equitable claim against The Regents for a waiver of costs.
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