Confidential
Settlement – $350,000Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Raymond N. Chase
(technical)
Jacob Rabinovich
(medical)
Defendant
Paxton B. Starksen
(technical)
Edward L. Workman
(technical)
Don Bogart
(technical)
Richard D. Williams
(technical)
Ken F. Maloney
(technical)
Roy E. Engstrom
(technical)
James T. London M.D.
(medical)
Tom S. Wallace
(technical)
Robert A. Kadlec
(technical)
Facts
On November 28, 1990, the general contractor had contracted with Defendant subcontractor to perform general construction referred to as a "tie-in" on a petroleum pipeline in Bell Gardens. The 14-inch diameter underground pipe had exposed excavating around the pipe. The pipe was to be cut, a section removed, and a new section installed. In order to prepare a pipeline to be cut and a tie-in to take place, the flow of petroleum product into the line is stopped at the nearest valves in front and behind the proposed tie-in location. Thereafter what is known as a "displacement pig" is propelled through the pipeline, displacing all the product in the line. The pig itself has no independent means of locomotion, but is propelled by nitrogen pumped through the line. In this instant case, prior to the cutting of the 11.5-inch section of the petroleum pipeline, the interior of the pipe was cleaned, a mechanical plug was put in place, and mud was placed on the side of the plumbers plug closest to the front end of the pipe. Thereafter, as an appropriate redundant safety precaution, a chain was attached to the "T" handle of the plug and to the exterior portion of the pipe to remain in place. Plaintiff decided to use a welder's helper to support the pipe piece being cut, instead of an onsite crane. As the torch cut was nearing its completion, Plaintiff shut off his torch and the welder's helper dropped the pipe piece. The dropping of the pipe caused an application of force to the plumbers plug, causing it to be dislodged from the pipeline. In 1-2 seconds, vapors from the pipeline were ignited by the hot metal section.
Settlement Discussions
Defendant contends it offered $350,000 and Plaintiff's initial demand was $1,000,000; reduced to $750,000; and reduced to $500,000. Plaintiff contends their original demand was $750,000 and Defendant's original offer was $100,000.
Specials in Evidence
approximately $50,000 several months at $36 per hour reduced capacity, unspecified yes, unspecified
Injuries
Plaintiff was a Vietnam veteran; he claimed an exacerbation of his post-war post traumatic stress disorder requiring ongoing psychotherapy with permanent residuals.
Other Information
A prior arbitration by Wiliam E. McGinley resulted in a Defense award; trial de novo by Plaintiff.
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