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CONFIDENTIAL

Jan. 22, 1994

Personal Injury (Non-Vehicular)
Assault and Battery
Negligent Hiring

Confidential

Settlement –  $350,000

Judge

Bob T. Hight

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Robert S. Shtofman
(Law Offices of Robert S. Shtofman )

John J. Reed


Defendant

Michael B. Baker

Dee H. Stasnopolis


Experts

Plaintiff

Bruce de Becker
(technical)

Facts

Defendant Excel Security Services was hired by Mobil Oil to provide added security after 450 members of the Oil, Chemical, and Atomic Workers Union went on strike on February 3, 1988. Defendant Brown, an Excel Security Services guard, drove onto the plant in his own vehicle on March 15, 1988, visited briefly with a guard and then prepared to leave. Brown sped into a crosswalk, clipping one striker and hitting Plaintiff Juan Canizales. Plaintiff went into a 3-day coma. Defendant Brown fled the scene (with his wife in his vehicle) and was arrested about a mile away. Plaintiff was a 49-year-old "B-stillman" (gas tester and equipment operator) at the time. Brown was later convicted of assault and battery and served 60 days of a 9-month sentence.

Settlement Discussions

Plaintiff contends their initial demand was $500,000 reduced to $350,000 on the date set for trial and Defendants' initial offer was $125,000 increased to $350,000 on the date set for trial. Defendant contends their offers were $150,000 (with an indication of more); $250,000 ( in response to $600,000 demand); and $300,000 (in response to 395,000 demand). Defendant further contends that Plaintiff demanded $2,500,000 (998) pretrial; $1,000,000 on the first day of trial; $720,000 on the 3rd day of trial; $600,000 reduced to $500,000 then $395.000.

Specials in Evidence

approximately $117,000 (collateralized) $30,000 reduced capacity (unspecified) uncertain

Injuries

Internal head trauma resulting in a 3-day coma requiring 2 months hospitalization; resultant cognitive brain damage displayed by impaired speech requiring speech therapy.

Other Information

This settlement was reached before Hon. Douglas McKee in Dept. M. Although the case identification is usually confidential in settlement reporting in this feature, an exception has been made herein due to high media coverage.


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