Confidential
Settlement – $450,000Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Defendant
Richard A. Capella
(California Dept. of Transportation)
Christopher J. Bagnaschi
(Haith Bagnaschi, LLP)
Facts
On April 6, 1994, plaintiff, a man in his late twenties, was assembling a rebar column cage that was to be used as a support for the overpass that connected westbound Highway 14 to southbound Interstate 5. The case was being assembled in a horizontal position 20 feet from northbound Interstate 5 freeway. The assembly site, selected by the defendant general contractor, was sloped at an approximately 4-degree angle which allowed gravity to act on the rebar hoops, causing them to collapse when plaintiff was working inside the cage. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $900,000. The defendant made a C.C.P. º998 offer of compromise for $200,000.
Specials in Evidence
$80,000 $100,000
Injuries
Plaintiff suffered a compression fracture of the spine at L1 and a fracture of the vertebral body of L3. Plaintiff claimed that as a result of his injuries, he retrained and became self-employed as a construction site inspector.
Other Information
The settlement was reached approximately four years after the case was filed. A settlement conference was held in September 1998, before Jeffrey Krivis, resulting in the reported settlement.
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