John Tarwater v. Comcasi Corporation; The Synchronistic Group v. Southern California Edison, et al.
Published: Feb. 25, 1995 | Result Date: Nov. 30, 1994 | Filing Date: Jan. 1, 1900 |Case number: 703690 – $70,000
Judge
Court
Orange Superior
Attorneys
Experts
Plaintiff
Joseph McKinley
(technical)
Defendant
Gordon Culp
(technical)
Robert Spease
(technical)
Facts
On April 13, 1992, John Tarwater, a 26-year-old account manager, was struck and seriously injured by a falling utility pole, owned and maintained by Southern California Edison (SCE). The incident occurred on Harbor Boulevard in the City of Santa Ana. The pole became severely rotted by termite infestation due to a long period of non-inspection by SCE. At the time of the accident, a utility subcontractor, The Synchronistic Group (TSG) was removing TV cable from the pole, as part of an underground utility relocation project. SCE had conceded that its pole was rotted, but claimed that TSG's method of removal contributed to the pole's falling. SCE, TSG, and Pacific Bell collectively settled with Tarwater for $150,000; SCE and TSG each paid $70,000; Pacific Bell paid $10,000. Pacific Bell was then dismissed; and the case proceeded to trial on TSG's Cross-complaint against SCE for indemnification of its $70,000.
Settlement Discussions
Cross-complainant contends it demanded $50,000 and Cross-Defendant offered $10,000.
Specials in Evidence
$27,600 $4,600
Damages
$70,000 paid out to settle the underlying case.
Injuries
(Underlying) Fractured left hand, cervical and thoracic strain, and multiple lacerations.
Deliberation
1 day
Poll
9-3
Length
2 weeks
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