Confidential
Settlement – $160,000Mediator
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Mark D. Lipton
(Office of the San Francisco City Attorney)
Experts
Plaintiff
W. Charles Perry
(technical)
Facts
On July 1, 1996, plaintiff, a 36-year-old truck driver was driving his dump truck on the premises of defendant 1. His left front wheel dropped into a sink hole causing the steering wheel to spin out of control. The plaintiff suffered a posterior dislocation of his left shoulder. The plaintiff alleged premises liability against defendant 1 and negligence against defendant 2, the truck brokers on the project. The plaintiff brought this action against the defendants based on negligence and premises liability.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $_________. The defendants made a C.C.P. º998 offer of compromise for $_____________ .
Specials in Evidence
$39,494.01 $43,200
Injuries
The plaintiff suffered an acute posterior dislocation of his left shoulder. Shoulder stabilization surgery was performed and physical therapy followed. The plaintiff then developed severe headaches and was treated by a pain management specialist. Severe headaches continue to the present.
Other Information
The settlement was reached approximately one year and four months after the case was filed. A 4-hour mediation was held before Stephen Harper.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390