Gray•Duffy Obtains Favorable Settlement in Personal Injury Lawsuit Involving Construction Work

March 2009

Overview

Brian Plessala of Gray·Duffy’s Encino office successfully obtained a settlement for 10% of the original claim for a general contractor client.

Discussion

Ruthy Cyrus McAfee v. Oltmans Construction Co., et al.

Gray·Duffy represented general contractor defendants Oltmans Construction and its subcontractor, Western Commercial Flooring, as well as the building owner. The plaintiff, Ruthy Cyrus McAfee, an employee of Bausch & Lomb, slipped and fell on the job in an area where new carpet was being installed by Western’s installation subcontractor.  The floor where Ms. McAfee worked was under renovation and she was one of the few employees directed by her employer to work on the floor.  The plaintiff claimed she slipped in the carpet glue, but there was also evidence that she tripped over the folded carpet as it was being installed.  There were no witnesses to the incident.  Gray·Duffy challenged the liability, arguing that Ms. McAfee entered an area she knew was restricted to simply take a short cut to the restroom area.  Gray·Duffy disputed the major component of Ms. McAfee’s damage claim, a shoulder injury which resulted in surgery.

The plaintiff filed her complaint on September 26, 2008.  The case went to mediation where her initial demand was $400,000, which was then lowered to $235,000.  Mr. Plessala began direct negotiations with the plaintiff’s counsel as preparations for final discovery and trial commenced.  Ms. McAfee’s counsel dropped the demand to $50,000 and ultimately settled for $40,000.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.