Verdicts& Settlements
| simitarclaims—sued Lawrence Liver-
| moreallegingbreach ofcontraet and the
implied covenant of good faith and fair
dealing. The plaintiffs alleged that the
defendant failed to adhere to the parties’
contracts, which allowed termination
| only for reasonable cause
| Thejury awarded about $273 million.
Each plaintiff was awarded between
about $242,700 and $853,000. Age dis-
crimination claims for all 130 plaintiffs
are pending.
crTATION: Andrews v. Lawrence
Livermore Natl. Sec, LLC, No.
RG09453596 (Cal, Alameda Co. Super.
May 10, 2013).
PLAINTIFF COUNSEL: AAJ members
4J.Gary Gwilliam, Randall E, Strauss,
and Robert J. Schwartz, all of Oakland,
calif
REMISES LIAB!
ity
Failure to Warn of
Open Elevator Shaft
ATRICK BARRETT, 21, worked
for a catering company staffing
anevent atthe Scranton Cultural
Center (SCC). While Barrett was
‘up, an SCC handyman asked him
to shine a flashlight into the darkened
tracks of an open elevator shaft. Barrett
stepped into the shaft, unaware that the
floor of the elevator was several floors
above him.
Barrett fell about 35 feet and sus-
tained multiple injuries, includinga her-
niated disk at C6-7,a fractured coceyx,
and a fractured spine at L1. He now suf
fers paraparesis, a neurogenic bowel and
bladder, psychiatric issues, and sexual
dysfunction, amongother problems. He
had earned about $18,700 annually but
is no longer able to work.
Barrett sued the SCC, allegingit failed
10 February 2014 || Tal
to warn him about the dangerous open
elevator shaft by placing caution tape
or a construction horse in front of the
levator. Suitalso alleged that the defen-
dant’s employees should have provided
fall protection for Barrett or warned him
that the elevator floor was above him.
‘The parties settled for $675,000.
crratton: Barrett v, Scranton Cultural
Cir, No. 1-CV-4671 (Pa, Lackawanna
Co. Com. Pleas Mar. 22, 2013).
PLAINTIFF COUNSEL: AAJ member
Jamie J. Anzalone, Scranton, Pa.
PLAINTIFF EXPERTS: James Sobeck,
lighting and accident reconstruction,
Indianapolis; Albert Janerich,
physiatry, Plains, Pa; Richard
Fischbein, psychiatry, Kingston,
Pa; and
rehabilitation, Clarks Summit, Pa,
OFESSIONAL NEGLIGENCE
Theft of Resident’s
Medications
ean Hanahue, vocational
ARGARET MARRIOTT, an
83-year-old woman who lived
at the Roe adult care facility,
required various prescrip-
tion pain medications. Over asix-month.
period, an employee of the facility alleg-
edly stole Marriott's nareotie medica-
tions and administered other prescrip-
tion drugs to her. Marriott’s health
declined as a result, and she later died.
She is survived by her daughter.
Marriott's daughter, on behalf of her
estate, sued the facility, alleging liability
for the employee's actions.
‘The parties settled for a confidential
amount.
crtarton Marriott v. Roe Adult Care
Facility, No.11-2-01624-0 (Wash.,
‘Thurston Co, Super. May 30, 2013).
PLAINTIFF COUNSEL: AAJ member
Corrie J. Yackulic, Seattle,
NEGLIGENCE
Service of Alcohol
to Visibly
Intoxicated Patron
HORTLY APTER Eleazar Men-
doza left the Curragh Irish Pub,
he ran a red light, broadsiding
the sedan of Bethany Rozema,
18, Rozema suffered fatal injuries. She
had been a student and is survived by
her mother and three sisters.
Rozema’sestate sued Mendoza, alleg-
ing he had been driving while intoxi-
cated. He admitted liability. Suit also
named the pub’s owner, alleging lability
for serving a visibly intoxicated patron,
‘The patties settled for $500,000. The
pub paid $400,000, and Mendoza paid
the rest.
crtation: Rozema v. Holland Pub LLC,
No, 122789-NI (Mich, Ottawa Co. Cir,
Mar. 8, 2013).
PLAINTIFF COUNSEL: Christopher S.
Berry, Holland, Mich,
Grocery Carts Strike,
Injure Patron
S ROSE ERDMANN was pushing
grocery cart intothe Ultra Gro-
cery Store, two store associates
loaded some shopping artsonto
arowof carts next to Erdmann, The row
of carts struck her, causing her to fall.
Erdmann, 89, suffered a fractured
left hip and underwent open reduction
internal fixation surgery in which a pin
and rod were implanted. Her medical
expenses totaled about $104,000. She