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CONFIDENTIAL

Mar. 23, 2002

Torts
Premises Liability
Negligence

Confidential

Settlement –  $525,000

Judge

John P. Shook

Court

L.A. Superior Central


Attorneys

Plaintiff

Douglas D. Shaffer
(Dordick Law Corporation)


Defendant

Lane E. Quigley


Experts

Plaintiff

Robert H. Roth
(medical)

Sandra Schneider
(technical)

Morris S. Farkas
(technical)

Defendant

Edward L. Workman
(technical)

James E. Rosenberg
(medical)

Jon A. Perlman
(medical)

Facts

The plaintiff drove a tour bus to the defendant for repair work. While showing the manager a crack in the fan
housing, someone started the bus and the fan amputated a portion of the tip of the plaintiffÆs thumb, above the
knuckle.
The plaintiff contended that the bus should not have been started without someone checking the rear of the bus.
The defendant contended that the plaintiff negligently grabbed the fan belt and that the
plaintiff could have turned a "kill switch" prior to touching the fan belt.

Settlement Discussions

Numerous demands and offers. On the day of the trial the demand was $550,000, and the offer was $500,000. The settlement was $525,000 and the waiver of $70,000 workers compensation lien purchased by the defendant.

Specials in Evidence

$20,000 $100,000 $350,000 $30,000

Injuries

Partial thumb amputation, above the knuckle, and depression from the injury.

Other Information

The case went to a mediation before Justice Edward A. Panelli, where he recommended $500,000. While the case did not resolve at that time, it was helpful.


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