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Originally Posted At: http://www.morelaw.com/verdicts/case.asp?n=VC027630&s=CA&d=10664Date: 3/30/00
Colleen Lewin v. Kaiser Foundation Health Plan, Inc., et al
Case Number: VC027630
Judge: Unknown
Court: Superior Court, Los Angeles County, California
Plaintiff's Attorney: Richard B. Koskoff of Law Offices of Booth & Koskoff, Torrance, California
Defendant's Attorney: Lawrence Treglia and Laura Booth of Murtagh, Miller, Meyer & Nelson, Irvine, California
Description: Construction Case - Negligence - Personal Injury - Plaintiff Colleen Lewin, an electrician, was installing conduit while working from a catwalk without guard rails at the Kaiser Imperial Satellite Building located in Downey, California.
The building was owned by the defendant general contractor, Kaiser, which hired subcontractors, one of which hired plaintiff's employer to assist with an electrical upgrade.
Plaintiff was in the process of installing wire and making connections while standing on the catwalk when she fell through a false ceiling and landed approximately 10 feet below.
Plaintiff contended that Kaiser instituted the fall protection system which was inadequately designed. Plaintiff also contended that the Kaiser project superintendent, who was responsible for project coordination and the order of work, failed to provide a man lift or scissors lift for workers at the time of plaintiff's accident, even though such equipment was provided and used on site several months earlier.
Defendant contended that Kaiser did not hire plaintiff's employer, that Kaiser provided workers with safety harnesses and lanyards, and instructed plaintiff and her supervisor after an initial walk through, to wear the safety equipment while working on the catwalk. As a result of her fall, plaintiff Colleen Lewin struck her head and suffered a right occipital contusion.
Early on, she had an abnormal EEG, but later had a normal result. Plaintiff claimed that she suffers from decreased memory and vertigo. Plaintiff claimed that she can no longer work at a height, which prevents her from performing her usual duties as an electrician. Medical bills were approximately $30,000. Loss of earnings at the time of settlement were less than $50,000.
Outcome: Settlement for $250,000
Plaintiff's Experts: None
Defendant's Experts: None
Comments: Demand before settelement was $400,000; Offer was $100,000