Roy McKenzie v. Icom Mechanical Inc.
Published: May 25, 2004 | Result Date: Mar. 3, 2004 | Filing Date: Jan. 1, 1900 |Case number: CIV422565 Verdict – $0
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Edward R. Hugo
(Hugo Parker LLP)
Experts
Plaintiff
Ian Paterson
(technical)
Facts
On July 11, 2000, plaintiff Roy McKenzie, 58, a journeyman carpenter employed by Hallmark Construction, was working at a job site where defendant Icom Mechanical Inc. was the general contractor. As the plaintiff was installing a window as part of his job, he fell from a second-floor balcony and hit the ground below. The plaintiff sued Icom, alleging negligence.
Settlement Discussions
According to plaintiff's counsel a demand of $250,000 was made at the mandatory settlement conference. According to defense counsel, plaintiff made a demand of $500,000 at the mandatory settlement conference. According to plaintiff, the defense reduced its offer to nothing at the mandatory settlement conference. According to the defense, it made an offer of $40,000 at the mandatory settlement conference.
Injuries
Because the case was trifurcated, no specials were presented into evidence. The plaintiff suffered subdural, epidural and subarachnoid hemorrhages with intracranial bleeds; depressed, displaced and comminuted skull fracture; permanent superior frontal and parietal lobe brain damage; transverse fracture across both greater wings of the sphenoid bone; fracture of the right anterior temporal bone at the level of the orbits; comminuted fracture of the right lateral orbital wall; comminuted fracture of the nasal bones bilaterally; tripod fracture of the right zygomatic arch; fracture of the lateral wall of the right maxillary antrum; fracture of nasal septum with deviation to the left; cross-shaped C-4 vertebral fracture with multiple laminar fractures; bilateral lung contusions with left pneumothorax and post-traumatic respiratory failure; open comminuted supracondylar T-fracture of the distal humerus; right elbow fracture; closed ring pelvic fracture; open right midshaft femur fracture; persistent headaches; and seizure disorder.
Deliberation
30 minutes
Length
four days
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