Confidential
Settlement – $2,000,000Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
John P. Cotter
(Diepenbrock & Cotter LLP)
Experts
Plaintiff
Stephen S. Hurst
(medical)
Thomas P. Yankowski M.S., C.V.E.
(technical)
Margo Rich Ogus Ph.D.
(technical)
Gerald Fulghum
(technical)
William K. Hoddick M.D.
(medical)
R. Richard Coughlin
(medical)
Gerald S. Besses
(medical)
Defendant
Lewis Bass
(technical)
Glenn B. Pfeffer
(medical)
Gregory W. Sells
(technical)
Aubrey Schwartz
(medical)
Robert Rushakoff
(medical)
Facts
On May 31, 2000, the plaintiff, age 39, was working as a journeyman hod carrier on the construction of the John O'Connell Technical High School in San Francisco. The plaintiff's job was to assist the plasterers on the project. At the time of the accident, the plasterers were working in and around a three-story stairwell inside the school building. The stairwell was filled with scaffolding and mudboards, so when a plasterer dropped a trowel down, a stairwell which led into the basement and instructed the plaintiff to retrieve it, the plaintiff walked over to and proceeded down an adjacent stairwell which also led to the basement. There was no artificial light in the adjacent stairwell and as the plaintiff stepped down to where the last step of the stairway should have been, he stepped into an empty hole. The defendant general contractor had previously chipped out the last step while adjusting the run of the stairs and had failed to fill in the stair.
Settlement Discussions
The plaintiff demanded $2.7 million; the defendant offered $300,000.
Specials in Evidence
$31,000 $199,000 $506,000 to $690,000 $184,00
Damages
$1,600 in retraining expenses and approximately $90,000 in loss of household services.
Injuries
The initial diagnosis was severe right ankle sprain. The plaintiff was later diagnosed with focal osteonecrosis in the medial dome of the talus and tenosynovitis of the flexor digitorum longus tendon at the level of the tibiotarsal joint. The plaintiff underwent an OATS procedure; debridement and repair of the posterior tibialis tendon with arthroscopic synovectomy and debridement of the right ankle; and subsequent right posterior tibial tendon reconstruction with FDL (tendon transplant surgery). In addition, the plaintiff contended that he suffered the onset of diabetes mellitus and hypertension since his lower extremity injury. The plaintiff was unable to return to work in his former occupation. Any alternative employment would have been for a minimal wage. The defendant denied that the onset was related to the plaintiff's injury.
Other Information
The defendant general contractor was defended by the insurer for one of the subcontractors pursuant to an additional insured endorsement. The primary carrier offered its policy limits of $1 million after the first mediation session. The defendant general contractor had excess coverage with two other insurers. The excess insurers resolved the case at the second mediation session before William J. Cahill after the primary carrier offered its limits.
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