Ofelio Rodriguez v. Rock and Waterscape Systems, Inc.
Published: Jun. 27, 1998 | Result Date: Apr. 22, 1998 | Filing Date: Jan. 1, 1900 |Case number: 745586 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Timothy Ross
(medical)
Defendant
Phillip J. Kanter
(medical)
Kurt Grosz
(technical)
Facts
On April 13, 1994, plaintiff Ofelio Rodriguez, then 38 years old, was working as a laborer for Whiting Turner Construction Company on the Indiana Jones project at Disneyland. His duties on the morning of his accident were to clear cement slurry from the canal of the Jungle Cruise ride. The adjacent decorative rock work was done by the defendant on the prior day and evening. The plaintiff claimed that two co-workers slipped and fell in the hour prior to his fall. He slipped and fell on the cement slurry which the defendant acknowledged was slippery. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $150,000. The defendant made a C.C.P. º998 offer of compromise for $5,000. Per defendant, plaintiff's demand at trial was $650,000.
Specials in Evidence
$16,000 approximately $420,000 (per defendant) $25,000 (per defendant)
Injuries
The plaintiff had a 7 mm herniated disc. The plaintiff also claimed he could no longer work as a laborer and had been off work four years since the accident. The plaintiff had some symptoms of disc problems before this incident. The plaintiff claimed his back condition was much worsened by the fall.
Other Information
The verdict was reached approximately _____ years and _____ months after the case was filed. A settlement conference/ arbitration/ mediation was held on ____/____/19_____ before ______________ (name) of ____________ (affiliation) resulting in ___________ .
Deliberation
two hours
Poll
9-3
Length
eight days
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