Verdicts and Settlements

PERSONAL INJURY, Tree Trimming Accident - Negligence

SETTLEMENT: $300,000 (policy limits).

CASE: Case: I.D. Confidential

COURT/DATE: Case Not Filed / June 26, 2002

ATTORNEYS: Plaintiff --Barri Kaplan Bonapart (Bonapart & Associates, Mill Valley), and Jeffrey L. Krull (San Francisco). Defendant --Marna Mitchell (Willard L. Alloway & Associates, San Francisco).

FACTS: Homeowners hired a debris hauling company to remove debris and cut eucalyptus trees in their yard. The debris hauling company hired the claimant to perform tree cutting work. A tree fell on the claimant, a day laborer, while he was operating the chain saw. His left arm was crushed and had to be amputated.

CONTENTIONS: The claimant alleged the homeowners were negligent for hiring a debris hauling company to perform tree work, which requires a specialty license. The respondents contended that the workers' compensation exclusivity rule prohibited recovery against the homeowners.

SETTLEMENT DISCUSSIONS:The settlement consisted of policy limits payment to the claimant of $300,000.

"His left arm was crushed and had to be amputated."

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