Confidential
Settlement – $100,000Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Defendant
Arthur J. Chapman
(Chapman Glucksman)
Facts
On March 18, 1994, the plaintiff, a 47-year-old motion picture camera car driver, purchased a garden hose advertised by the defendants, the retailer and the manufacturer, as "kink free." The plaintiff was in his garage, pouring gasoline into his car's gas tank when some gasoline spilled and was ignited by the pilot light on the gas water heater. The garage began to burn. The plaintiff attempted to extinguish the flames, but in pulling the garden hose through his house it kinked and no water came out. By the time he removed the kinks, the fire had progressed and he had to enter the garage to continue fighting the fire. The plaintiff received second-and third-degree burns in the process. The plaintiff brought this action against the defendants based on negligence, and breach of warranty and negligent misrepresentation theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $175,000. The defendants made a C.C.P. º998 offer of compromise for $50,000.
Specials in Evidence
$96,593 $25,000 $_________________ $__________________
Injuries
The plaintiff suffered second-and third-degree burns to his forehead, nose, shoulders, arms and hands (18 percent of his body surface), requiring skin grafts.
Other Information
The settlement was reached approximately two years after the case was filed. A two-hour mediation was held on March 26, 1997 before Judge R. William Schoettler, retired resulting in the reported settlement.
Length
2 hours
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