Confidential
Settlement – $43,000Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
D.W. Plance
(medical)
Robert C. Cohenour
(medical)
Defendant
N. Paul Rosenthal
(medical)
Facts
On June 5, 1995, at approximately 4:30 p.m., the plaintiff, a special employee of a major movie studio, was assisting two other studio employees in laying cable in a boxcar used in the movie Broken Arrow. Defendant's employee dropped a 2-by-4-by + inch plywood sheet on the plaintiff's head. The boxcar in which the accident occurred was made by the defendant. One of defendant's employees was attaching plywood sheets and/or blocks to the ceiling of the boxcar. The defendant's employee, carrying the plywood sheet and a screw gun, climbed a 14-foot ladder, unassisted. Shortly after reaching the top of the ladder, the employee lost his grip on the plywood sheet, dropping it onto the plaintiff's head. The point of the plywood sheet struck the top of the plaintiff's head. The plaintiff brought this action against the defendant based on general negligence.
Settlement Discussions
Per plaintiff no C.C.P. º998 settlement demand was made. Per defendant, the plaintiff demanded $90,000. The defendants made a C.C.P. º998 offer of compromise for $43,000 (defendant paid $34,000, Cross-defendant paid $9,000)
Specials in Evidence
$10,327,97 $15,678 none unknown
Injuries
The plaintiff claimed to sustain 6 centimeter laceration, headaches, cervical sprain/strain, thoracic sprain, lumbar pain, with occasional radiation into the buttocks and legs; difficulty with short-term memory and concentration, numbness in both arms; and daily, but intermittent, dizziness.
Other Information
The settlement was reached approximately one year and 11 months after the case was filed. The case was initially filed in the Municipal Court. At the time of filing the complaint, the plaintiff had demanded $25,000 and the defendant had offered $20,000. After the treating physicians indicated that the plaintiff's headaches posed a life-long problem, the plaintiff successfully made a motion to transfer the cse to the Superior Court. A mediation was held on May 1, 1998, before Candice Johnston of the Rosenthal Group. There was no resolution of the matter at the first mediation. The case settled at a second mediation held on May 13. Plaintiff in intervention recovered 100 percent of the amount of benefits paid and also reserved future credit rights pursuant to the Labor Code.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390