Confidential
Settlement – $350,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
David K. Schneider
(Yunker & Schneider)
Defendant
Experts
Plaintiff
Roberta J. Spoon
(technical)
William M. McDade
(medical)
Peter Imandt
(technical)
Defendant
Stanley C. Livingston
(technical)
Peter B. Wile
(medical)
Brad Gessner
(technical)
Facts
On October 7, 1991, Plaintiff, a 58-year-old engineer, was a convention speaker at Defendant hotel convention center; he spoke at the morning session. A speakers platform was created. The platform was placed against a wall, and a large portion of it was covered by a floor-to-ceiling curtain. Behind the curtain, there was a floor-to-ceiling void of approximately 10 inches. At the conclusion of the speeches, audience members came on to the stage to converse with the presenters. As guests came forth, Plaintiff moved to the rear of the stage. As he moved back, he put his left hand out against the curtain and fell into the void. The platform was designed with brackets for placement of handrails, to prevent anyone from falling off. The handrails had not been put in place (by the crew who assembled the platform) until after this incident. The handrails were put in place for the afternoon meetings.
Settlement Discussions
Plaintiff contends they demanded $500,000 and Defendants initially offered $200,000.
Specials in Evidence
$20,952 $20,710 $72,127-166,491
Injuries
A large peduncular herniated disc fragment which projected off the L4-5 disc down to the L5-S1 level requiring surgical removal and a 2-level lumbar laminectomy at L4-5 and L5-S1; following surgery, Plaintiff was diagnosed with a neurogenic bladder requiring medication and treatment; residual reflex loss, loss of strength and motion of the left foot and left toe; Plaintiff claimed reduced earning capacity.
Other Information
The settlement conference was held before Judge Cary Miller, pro tem.
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