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CONFIDENTIAL

Jan. 1, 2000

Personal Injury (Non-Vehicular)
Construction Defect
Negligence

Confidential

Settlement –  $610,000

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Peter M. Williamson
(Williamson Law Firm)


Defendant

- CONFIDENTIAL


Facts

On April 21, 1997, the 46-year-old plaintiff was employed as a carpenter by Matt Construction at the Stephen Wise High School construction site in Bel-Aire. The plaintiff was installing metal support braces against a block wall when he was struck in the head by a piece of cement block which fell from the top of 40 foot scaffolding where an employee of defendant was working. An electric diamond blade saw was being used to cut a cement block 8 inches long by 8 inches wide by 16 inches high weighing 35 pounds. A broken piece of the block shot out of the saw and fell 40 feet striking plaintiff on his hard hat.

Settlement Discussions

The plaintiff demanded $1 million (policy limit), reduced to $700,000 two weeks before trial. The defendant offered $125,000, increased to $400,000 three weeks before trial.

Specials in Evidence

$22,605 $140,315 $26,800

Injuries

The plaintiff sustained closed head injury with resulting minor traumatic brain injury, exacerbation of pre-existing disc disease at multiple levels of cervical and lumbar spine.

Other Information

Intervenor sought recovery of a workers' compensation lien in the sum of $107,366. The defendant agreed to exclude the lien from the plaintiff's settlement and negotiate separately with the intervenor.


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