This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Aug. 23, 1997

Professional Malpractice
Legal Malpractice
Breach of Contract

Confidential

Settlement –  $80,000

Mediator

Edward A. Panelli

Court

L.A. Superior Central


Attorneys

Plaintiff

Sherry L. Kerdman


Defendant

Walter Klein


Experts

Plaintiff

Harold L. Greene
(technical)

Dominick J. Sisto
(medical)

Barbara C. Luna
(technical)

Defendant

Barry M. Braiker
(medical)

Mervin Glow
(technical)

Facts

The plaintiff was the defendant attorney's client in a workers compensation matter involving his injury as a police officer. The defendant attorney failed to include the plaintiff's shoulder injury in the stipulation with Request for Award and then allowed the Labor Code statute to expire without amendment, depriving the Workers Compensation Appeals Board of jurisdiction to include the shoulder, which the plaintiff claimed was an original injury in March 1988. The plaintiff brought this action against the defendant based on legal malpractice, breach of contract, breach of fiduciary duty and negligent infliction of emotional distress theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $69,000. The defendant made a C.C.P. º998 offer of compromise for $32,000.

Specials in Evidence

$13,000 to $18,000

Injuries

The plaintiff alleged that she had a permanent shoulder injury and needed and obtained surgery, and that continuing medical treatment for her shoulder was not obtained.

Other Information

The settlement was reached approximately one year and seven months after the case was filed. A settlement conference was held in March 1997 before Judge Joseph W. Zimmerman, retired, of ARC. It did not resolve the matter. A later voluntary settlement conference was held by Justice Edward A. Panelli of JAMS resulting in full settlement of the case 10 days before trial was to commerce.


#99086

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390