LIFE ACTIVITY CALENDAR impacts a $1,475,000 settlement for 31-year-old oil driller who was electrocuted on the job.
Robert W. Johnson & Associates was retained by plaintiff's attorney to provide an analysis quantifying the lost economic support to the decedent's wife of 1.5 years, and three unadopted minors living in the residence at the time of the accident. A LIFE ACTIVITY CALENDAR was also prepared to graphically illustrate the close family relationship.
Location: Stockton, California
Case: Nickell v. Graham
Court: San Joaquin County Superior Court; No. 240459
Plaintiff’s Attorneys: Chris W. Burford III; Burnhill, Morehouse, Burford, Inc.; Walnut Creek, California.
Case Synopsis: On September 6, 1991, Mr. Nickell, a 31-year-old "roughneck" on an oil drilling job, was electrocuted when a crane boom cable came into contact with a high voltage line. At the time of the accident, Mr. Nickell was earning approximately $31,000 per year. He was very close to his wife and three minor children, and they did many activities together. He would help the children every night with their homework, was involved with school sports, and would read, play and wrestle, and/or play board games with them on a daily basis. Mrs. Nickell looked forward to taking her husband his lunch once a week; they shared regular chores including dish washing, gardening, washing cars, and they would often host family get-togethers, barbecues and holiday parties.
Through the use of the LIFE ACTIVITY CALENDAR Checklist, Mrs. Nickell was able to clearly catalog the many activities she and the children enjoyed doing with their Dad.
Attorney Comments: "The LIFE ACTIVITY CALENDAR helped to graphically focus on all of the quality time that this family spent together. Also, the LIFE ACTIVITY CALENDAR dramatically demonstrated the effects of the tremendous loss upon their family lives. The defendant made no attempt during settlement negotiations to rebut its validity."
Results: The defense offered $950,000 and plaintiffs demanded $2,200,000 pretrial. A structured and cash settlement was subsequently reached, that had a present cash value of $1,475,000.