Confidential
Settlement – $80,000Mediator
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
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.
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