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CONFIDENTIAL

Sep. 23, 2000

Personal Injury (Non-Vehicular)
Premises Liability
Slip and Fall

Confidential

Settlement –  $180,000

Judge

Larry A. Jordan

Court

King Superior


Attorneys

Plaintiff

Lembhard G. Howell

Mark Koontz


Defendant

Matthew J. Macario

Mark P. Scheer


Experts

Plaintiff

Nigel Ellis
(technical)

Richard W. Parks
(technical)

Defendant

Richard Gleason
(technical)

Facts

On Dec. 4, 1997, the decedent, a 35-year-old ironworker, was welding metal roofing sheets as requested by his employer. The defendant used the "safety monitor" system of fall protection on this project. The decedent was not wearing any fall protection equipment, although he was instructed to stay away from the leading edge at all times. Although there are no witnesses to the events leading up to his fall, it appears that the decedent tripped on something and fell through an exposed hole in the roof. He fell 38 feet to the concrete floor below. The decedent was airlifted from the scene to Harbor Medical Center, where he died from massive head and other bodily injury one and one-half days later.

Specials in Evidence

$67,286

Injuries

Death

Other Information

The defendants successfully moved on summary judgment to limit plaintiffs recovery to the economic loss sustained by the estate.


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