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CONFIDENTIAL

Jul. 18, 1998

Personal Injury
Premises Liability
Worksite Accident

Confidential

Settlement –  $1,110,000

Judge

William L. Peck

Court

Ventura Superior


Attorneys

Plaintiff

V.J. McAlpin


Defendant

James T. Sherren

Daniel R. Friedenthal
(Friedenthal, Heffernan & Brown LLP)


Experts

Plaintiff

Carl E. Englund
(technical)

Darryl R. Zengler M.A.
(technical)

Donald C. Berman
(technical)

Peter H. Grossman
(medical)

Defendant

Thomas E. Chesley
(technical)

Phillip L. Wheeler
(technical)

Thomas L. Hedge Jr., M.D.
(medical)

Pat DeSimone
(technical)

Carl A. Beels
(technical)

Stephen McEachen
(medical)

Facts

On Dec. 23, 1996, plaintiff, a 28-year-old carpenter, while walking and carrying a 10-foot aluminum stud on the roof on the north wall of a building in Ojai came in contact with low-hanging, high voltage electrical distribution wires and was severely burned. The plaintiff and another employee were building a screen enclosure around an air conditioner system that was being constructed. The plaintiff brought this action against the defendant contractor/property owner and the electric company based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $2.4 million. The defendant offered $400,000.

Specials in Evidence

$344,908 $26,620 $250,000 $340,000

Injuries

The plaintiff sustained severe electrical shock injuries to the upper extremities, face, neck and trunk. The plaintiff underwent extensive medical and skin grafting procedures, as well as amputation of his left arm at the elbow, flap reconstruction of his right thumb and fixation of digits of the right hand. The plaintiff claims that future surgical procedures will be necessary.

Other Information

The settlement was reached approximately one year and four months after the injury. SETTLEMENT CONFERENCE: . A settlement conference was held on April 28, 1998, before judge William Peck, resulting in the reported settlement.


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