Confidential
Settlement – $2,175,000Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Shawn A. Toliver
(Lewis, Brisbois, Bisgaard & Smith LLP)
Samuel H. Ruby
(Bullivant Houser & Bailey PC)
Facts
The plaintiff, Terry Wilson, 35, worked as an operations manager for a recycling company. He was injured in a boiler accident which occurred on the premises controlled by the defendant Doe Company. The company also controlled the boiler operation on the site. The plaintiffs alleged that defendant Bay City Boiler and Engineering was the sole company responsible for servicing the boiler in the 11 years leading up to the plaintiff's accident. Bay City was also responsible for installing a rebuilt Honeywell flame safeguard controller for the boiler in 1992. The controller acted as a system check to ensure that all boiler systems were functioning properly before allowing the boiler to light. The plaintiffs alleged that the rebuilt controller was installed contrary to the manufacturer's recommendations. The controller's buttons were not protected from manual manipulation, unlike buttons on newer models. Nor did the controller incorporate more recent technology, which could have prevented this accident. On Nov. 26, 2001, an explosion in the boiler's firebox caused two 100-pound doors to blow off the old machine. One or both of the metal doors hit the plaintiff in the head, and knocked him to the concrete floor, where he remained until co-workers were able to pull his body out from under one of the doors. The plaintiff was rushed to the emergency room. He had no memory of anything that happened between the time he walked into the boiler room and the time he was in the CT scanner at the hospital.
Settlement Discussions
After several mediation sessions, the plaintiffs reached a settlement with the defendant Bay City Boiler and Engineering Company for $1,450,000. The plaintiffs also reached a settlement with the defendant Doe Company for $725,000, in addition to mediation costs. The settlement included an agreement for the plaintiffs to defend and indemnify both defendants with respect to the workers' compensation lien of $99,427.
Specials in Evidence
QUERY A FIGURE QUERY A FIGURE QUERY A FIGURE QUERY A FIGURE
Damages
The plaintiff claimed $7,585 to $9,655 for vocational rehabilitation; $46,210 for past medical expenses; $10,000 for future medical expenses; $10,769 for future job support; $194,733 for past wage loss; $1,447,026 to $1,818,030 for future wage loss.
Injuries
The plaintiff suffered a left frontotemporal contusion with acute subarachnoid hemorrhage in the left frontotemporal region. He also suffered a right parietal subgaleal hematoma. An MRI of the brain revealed high-intensity foci in the left frontal lobe white matter. He was diagnosed with traumatic brain injury.
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