Plaintiff Attorney: Marvin Stuart Lanter; Law Offices of Marvin Stuart Lanter; Los Angeles, CA (Julian Sanchez)

Defendant Attorney: Adrienne Hahn; Bistline& Cohoon; Torrance, CA (Eckles Construction, Inc.)

Facts: November 6, 1997, Plaintiff, a 55-year-old carpenter with thirty years experience, was working on a construction site at Santa Monica College. Defendants Colice and Kincade were working for Defendant Eckles Construction, Inc. at the construction site attempting to connect a welding cable. Defendant Kincade threw a thirty-foot section of welding cable with a six-inch solid copper connector from a form wall on the first floor to Defendant Colice who was standing below. The cable fell short of its mark and swung in a downward arc. At that moment, the Plaintiff was walking in the basement level ditch and was struck on his right ear and right side of his head by the welding cable. Plaintiff never saw the cable and connector. As a result of the impact, he lost consciousness.

Plaintiff Claimed: The Defendants without warning, negligently threw from the first floor to the basement level a inch copper cable with an attached six inch copper connector, which hit the Plaintiff. As a result of the negligence, Plaintiff''s head was hit by the inch copper cable with an attached six inch copper connector.

Defendant argued Defendant Kincade was easing the cable over the edge of the first floor form wall onto the ground. Several feet of the cable were already dropped slowly down to the ground when the cable became stuck. As he jiggled the cable to free it from the rebars upon which it was caught, a six foot section suddenly freed itself, dropped and whipped back upwards and started swinging.

Injury:

Injuries: Median nerve compression in right shoulder, loss of hearing in right ear, weakness in right arm and hand, closed head injury, post-traumatic cephalgia and psychological problems.

Treatment: Two surgeries to right shoulder.

Residuals: Continuing pain in shoulder and headaches.

Medical Costs: $64,000 past, $83,000 future.

Loss of Earnings: $73,000 past, $478,000 future.

Verdict:

1st Demand: $1,500,000.

1st Offer: $250,000.

Settlement: $750,000

Note: The case was settled three weeks before trial after two mediations. The case settled during the mediation conducted by the Honorable Enrique Romero (retired).

Plaintiff Experts:

• Brian Conley; Economics; Pacific Palisades, CA
• C. Thomas Vangness, M.D.; Orthopedics; Los Angeles, CA
• Marcel Ponton, PhD; Clinical Psychology; Los Angeles, CA
• Rostam Kavoossi, M.D.; Neurology; Los Angeles, CA
• Stephen Schnall, M.D.; Orthopedics; Los Angeles, CA

• Charles Lane, M.D.; Surgery; Beverly Hills, CA
• S. Andrew Schwartz, M.D.; Surgery; Beverly Hills, CA
• Steven Molina; Vocational Rehabilitation; Los Angeles, CA
• Ted Vavoulis; Economics; Pasadena, CA