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Personal Injury (Non-Vehicular)
Construction Accident
Wrongful Death

Felisa Lopez et al.v. Eli Lilly & Co., et al.

Published: Jul. 27, 1996 | Result Date: Jun. 28, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 239604 –  $0

Judge

Barton C. Gaut

Court

Riverside Superior


Attorneys

Plaintiff

Leland H. Bray


Defendant

Eric T. Lamhofer
(Wolfe & Wyman LLP)

James C. Packer
(Lewis, Brisbois, Bisgaard & Smith LLP)

James P. Spaltro


Facts

On Sept. 16, 1992, the decedent, Cecilio Lopez-Sanchez, a 26-year-old construction worker, was working on a construction project at the defendant DVI plant in Temecula. Defendant DVI was a subsidiary corporation of defendant Eli Lilly & Co. The decedent fell 16 feet from a partially-constructed mezzanine and died. The plaintiffs, the decedent's wife and three children, brought this action against the defendants, DVI, DVI employee -- Steve Fisher, Eli Lilly & Co. and Stan Cole -- the contractor and job superintendent, based on negligence, conspiracy and alter ego theories of recovery. The plaintiffs sought punitive damages.

Settlement Discussions

The plaintiffs made a settlement demand of $4.4 million at the MSC. The defendants made no settlement offers.

Specials in Evidence

$_______ $________ $__________ $_________

Damages

The plaintiffs sought compensatory and punitive damages.

Injuries

Death of a husband and father.

Other Information

The motion for summary judgment was granted approximately two years and nine months after the case was filed. A settlement conference was held on April 15, 1996, before Judge Ellwood Rich. It did not resolve the matter. Defendants DVI, Steve Fisher and Stan Cole have successfully moved for summary adjudication on the issue of punitive damages. The decedent's heirs are receiving worker's compensation death benefits.


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