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Item 2 - Rejection of Claim AGENDA REPORT SUMMARY ,'0: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man~ INITIATED BY: Warren H. Shafer, Director of Administrative servic@ DATE: January 4,2005 SUBJECT: Rejection of A Claim for Damage Against the City of Poway ABSTRACT A claim for damage was received by the City of Poway. The claim is for personal injury. ENVIRONMENTAL REVIEW This item is not subject to CEQA review. FISCAL IMPACT l-- Unknown. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None. RECOMMENDATION It is recommended that the City Council reject this claim. ACTION c:\data\agenda\claimsummary 1-4-05.doc 7/1/03 1 of 14 January 4, 200S Item # f). CITY OF POWAY AGENDA REPORT This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the City Council unless members of the Council, staff or public request it to be removed from the Consent Calendar and discussed separately. If you wish to have this report pulled for discussion, please fiH out a slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting. DATE: Honorable Mayor and Members of the City Council James L. Bowersox, City Man~ . Warren H. Shafer, Director of Administrative service@ Peter Moote, Deputy Director of Administrative servicest..~ Steven S. Salvati, Senior Management Analyst 4//7 January 4, 2005 TO: FROM: INITIATED BY: SUBJECT: Rejection of A Claim for Damage Against the City of Poway BACKGROUND A claim against the City of Poway was received on November 5,2004 from Jeffery M. and Carol A. Goodall for personal injury. The amount of the claim is undetermined at this time. FINDINGS The City's claims administrator has recommended that the City reject this claim, ENVIRONMENTAL REVIEW This item is not subject not CEQA review. FISCAL IMPACT Unknown. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None. 2 of 14 January 4, 200S Item # ~ Rejection of Claim January 4, 2005 Page 2 RECOMMENDATION It is recommended that the City Council reject this claim. Attachment: Claim for Damage - Jeffery M. & Carol A. Goodall c:\datalagenda\claimsrpt1-4-05.doc 3 of 14 January 4, 200S Item # ~ -, CITY OF POWAY City of Poway WI\! I' \; :,Wij!. F.", :J.... ....V'l.!'""i CLAIM AGAINST THE CITY OF POWAY L' "'. "Gi\)!,D,atlO Starne. ..".--s ~5 ril:,';;.h'i ~C~.;;O~]U. \;t;.' (f'-' I"',..r'UT..,...,F. ,~. 1." /.l/ lOP ~~~~~~~~-i :7' Received by U,S. Mail Inter-Office Mail Over the Counter f;, ~ via N <-.J .+;\,(, (.O~-O('- ()'~ ,,/ A claim must be filed with the City Clerk or Risk Manager of the City of Poway within 6 months after which the incident or event occurred. Be sure your claim is against the City of Poway, not another public entity, Where space is insufficient, please use additional paper and identify Information by paragraph number. Completed claims must be mailed or delivered to The City of Poway, 13325 Civic Center Drive, Poway, CA 92064 (P.O. Box 789). Altn: Risk Manager. TO THE HONORABLE MAYOR AND CITY COUNCil, THE CITY OF POWAY, CALIFORNIA The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal property: 1. Name of claimant Jeffery M. Goodall & Carol A. Goodall, his wife. a. Address of claimant _ b. Phone No. d. Social Security No. c. Date of Birth e. Driver's Lie. No. 2. Name, telephone and post office address to which claimant desires notices to be sent if other than above: 3. Occurrence or event from which the claim arises: a. Date May 12, 2004 b.Time At or about 9:00 am. 13233 Highlands Ranch Road, Poway, CA 92064 c. Place (exact and specific location) d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act of omission you claim caused the injury or damage (use additional paper if necessary), In my home office, smoke began filling my house. I became violently ill with coughing and vomiting. I was taken by paramedics to Pomerado Hospital. On May 15, 2004 at 8:00 a.m" while suffering from a recurring bout of coughing and convulsive heaving, I was overcome with pain and fell to the floor. I was later diagnosed with a herniated disc and underwent surgery, See the attached narrative for further detailed information. e. What particular action by the City, or its employees, caused the alleged damage or injury? At this time, 1 believe and allege that the City andior their agents and representatives were negligent and failed to properly maintain. test, inspect. etc.. the sewer pipes, as well as failed to properly use a smoke device, including but not limited to their failing to properly warn andlor protect homeowners from smoke pouring into their homes from the device, ] do not know at this time what specific regulations andlor internal guidelines or procedures may have been violated that would further establish negligence andior additional liability on behalf of the City andiQr its ~~_1~,,~~. 1 ,'o.~n'~ tho ri!!ht to amend and/~- .-,,__I~_~-' ...,. .1.:_ as additional information is discQvered, 4 of 14 - Attachment January 4, 200S Item # ?. 4. Give a description of the injury, propertY damage or loss so far as is known at the Hille of the claim. If there were no Injuries, state "No InjurieS.") '1 At this time I believe my medical expenses are approximately $33,761.60, and are continuing. I have also lost a co~siderable amount o~ personal property, including photographs, etc. The amount of the personal property is bemg calculated and will be provided.. N, far as my tonll amount claimed, at this time it is unknown but it is an -'nlimited civil case, i.e. it is in excess of $25,000,00. ~. Give name(s) of the City employee(s) causing the damage or injury: I believe the City empl~yee that ne~Ji~ently used the sID;oke device resulting in my personal injuries and property damage w<lS Dave V Igliottl. The City Is aware of the mCldent Attached are some of the business cards of people who were mvolved or who may have additional information. 6. Name and address of any other person injured: Carol A. Goodall, wife - loss of consortium claim, damages in an amount that comes within unlimited civil case jurisdiction. 7. Name and address of the owner of any damaged property: Jeffery M. Goodall & Carol A. Goodall 13233 Highlands Ranch Road, Poway CA 92064 8. Damages claimed: a. Amount claimed as of this date b. Estimated amount of future costs: c. Total amount claimed: $ 33,761.11 in medical bills & continuing $ $ Unknown at this time This is NOT a limited civil case d. Basis for computation of amounts claimed (include copies of all bills,. invoices,. estilTlates" etc) -See the attached narrative and medical bi1l1isting. I have also sustained property loss and general damages, such as ss of enjoyment of life, physical pain, and suffering, I have undergone back surgery without a good result and am ..a,:ing considerable ongoing probiems, I also continue to stiffer from respiratory problems. 9, Names and addresses of all wnnesses, nospnals, aOClors, etc. Please see the attached listing of hospitals, doctors and bills. a. b. c. d. 10. Any additional information that might be helpful in considering the claim: WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (Penal Code 972, Insurance Code 9 556.1) I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters I beHeve the same to be true. I certify under penalty of perjury that the foregoing is TRUE and CORRECT, Signed this 4th day of November ~d7e~ 19 2004 at San Diego, California , l1}\'J(I~ Claimant's Signature 'ffice of the City Clerk Poway, California nOCUMENT NO. S of 14 FILED January 4, 200S Item # ~ Goodall Claim against the City of Poway Smoke Intrusion/Smoke Inhalation incident of 5/12/04 Additional Comments responsive to Paragraph 3(d) and Paragraph 10 Overview: On May 12th 2004, the negligent actions of the City of Po way resulted in the hospitalization of Claimant, Jeff Goodall ("Clairnann. The City ofPoway's action directly injured Claimant's lungs, which injury set off a natural and continuous sequence of events that produced additional severe injury to Claimant, Following the initial injury, Claimant immediately developed chronic convulsive coughing and thereafter respiratory infection which were persistent for a number of weeks. Three days after the initial injury, Claimant j;Oughed and convulsed so hard that a spinal disc ruptured which resulted in a myriad of medical problems. Several unsuccessful non-surgical attempts were made to mitigate Claimant's injury; however, the injury ultimately required open spinal surgery. Claimant has incurred significant monetary damages related to the injury, endured severe pain associated with the injury, treatment and surgery, and Claimant has yet to recover his prior health, Claimant Description: Claimant is a 43 year old, Private Equity Investor with his primary business offices at One America Plaza, 600 West Broadway Avenue, Suite 3150, San Diego, California and a home office located in his residence on 13233 Highlands Ranch Road, Poway, California, Claimant is married and the father of two children 18 and 20 years old respectively. He is an active outdoorsrnan who enjoyed camping, hunting, fishing, restoring automobiles and was active in his children's sports. Prior to May 12,2004, he was physically active and in good health. Incident Description: On May 12,2004, Claimant was working in his home office when the room began to fill with smoke. The source of the smoke appeared to be fire in a bathroom attached to the office. Upon opening the door to the bathroom. Claimant's office was quickly overta.ken with dense smoke. Claimant concluded his home was on fire as it appeared the bathroom was fully engulfed. Claimant called out to his wife, Carol Goodall, and asked her to call 911 and report the house was on fire. She contacted the fire department and advised them a portion of the home was engulfed in fire. 6 of 14 January 4,2005 Item #~....A The subject bathroom was used by Claimant to store important business files, family photos, birth records, other important family documents and a wine collection. Unable to see in the smoke filled room, Claima"t attempted to extinguish the fire by turning on the existing shower faucet and applying water to the walls, boxes and the contents of the room. In addition, Claimant attempted to salvage family photos and business records by quickly removing them as the smoke quickly over took the contiguous room(s). Claimant ingested a significant amount of the ambient smoke, chemicals and gases in his effort to safeguard irreplaceable personal property. After several minutes, the fire dispatcher contacted Carol Goodall and advised her that the City of Po way was working on the sewer lines in proximity to the Goodall residence and inquired if the matter could be related. Now forced from the overwhelming smoke filled rooms, Claimant left the residence and searched for the City of Poway vehicle which was said to be in the area working on the sewers. . After searching, Claimant found a City of Po way vehicle about one block from the residence which was unmanned. The truck had a large air tunnel device with a large blower pumping pressure into the sewer pipes through a man-hole. Claimant searched for the truck's operator unsuccessfully. After repeatedly calling out for the City worker, a man replied from a residence several hundred feet away from the truck. A City worker, who identified himself as Dave Vigliotti I, came over to the truck and Claimant asked if he was pumping smoke into the manhole. Vigliotti indicated he was using smoke to look for "illegal sewer connections". Vigliotti Was advised he was filling the Goodall residence with smoke. Apparently, the path ofleast resistance for the smoke and sewer gas filled pipes was the shower drain in the Goodall bathroom. Claimant found Vigliotti explanation of looking for illegal sewer connections ridiculous, as the subject residence is a 6,700 square foot custom home in a gated neighborhood in North Poway, with a market values of its homes in excess of $2,000,000.00. Claimant advised the worker he was damaging his home and asked the worker to cease blowing the fans and stop the smoke. Vigliotti advised stopping the smoke was not possible. Apparently a smoke generating device was lit on fire and could not be retrieved or extinguished. After detennining the pressurized smoke deployed by the City of Po way was responsible for filling the Claimant home with a combination of smoke and sewer gases, Claimant advised his wife to call the Fire dispatcher and make them aware the home was apparently not on fire and then to contact the City of Poway regarding the incident. The first emergency vehicle to arrive at the Claimant residence was a San Diego County Sheriff's Deputy, The Deputy began to take information related to the incident. When the Sheriff arrived., Claimant had begun to cough. At first the cough was a hacking effort to discharge the inhaled smoke, but within 10 minutes the combination of smoke and sewer gas had began to take its tolL The coughing developed into convulsive heaving ] Business card of Dave Vigliotti, Lead Conslruclion Maintenance Worker Water Utilities - Attached. 2 January 4, 200S Item #~?J. 7 of 14 and choking, followed by vomiting an orange foamy discharge. In response to Claimant's reaction to the ingested smoke, the Deputy Sheriff called for Paramedics. After several minutes of choking and coughing, Claimant was no longer able to stand and lay cramped on the ftont lawn with intermittent uncontrollable heaving and vomiting. Vigliotti observed Claimant's condition and contacted his Superior to report the situation. Contemporaneously, Claimant's wife contacted the City of Po way to advise them of the Claimant's situation2. The Paramedics arrived shortly thereafter. The Paramedics !lrlministered oxygen and hooked Claimant to monitoring devices to measure and track his vital signs. Thereafter the Paramedics asked Vigliotti to provide infonnation on the chemical composition of the smoke device. Vigliotti did not have information related to the device, its composition, the health risks associated to its use, the manufacturer's instruction for safe use or packaging which would identify the product for the paramedics. Initial Hospitalization: Absent infonnation on the ingested chemicals and gases, the Paramedics transported Claimant to the Emergency Room at Poway Pomerado Hospital. Claimant was provided oxygen, an I.V, was started and medicine was introduced to control the coughing, nausea and convulsions. The medicine also sedated Claimant. Later, a City of Po way administrato~ arrived at the Hospital and provided Claimant's wife and Dr. Blake, the attending physician, a chemical specification sheet for the smoke device 4. The information brought to the hospital was in the form of a facsimile from the Superior Signal Company which is date stamped as 1: 19PM, 5/1212004 (after the incident). The date stamp in conjunction with the inability of Vigliotti to produce any information at the site of the incident suggests the City of Po way was not in possession of the information and/or failed to make it available to its employees. The device which filled the Claimants home with the smoke which he ingested is commonly referred to as SuperiorTM Smoke for Testing Sanitary Sewers. The data sheet indicated the smoke device (exclusive of the sewer gases) was not generally toxic, but was an irritant comprised of Hydrated Zinc Chloride and Carbon Monoxide. Specifically, the Material Safety Data Sheet warns: "Acute exposure can cause irritation of the respiratory trad and mucous membranes...it is not usually regarded as toxic, unless it is effICient to cause inflammation and then inJlanunation... is the toxic effect Irritation of the respiratory passages; cough, nausea...chiUs,fever and pulmonary edemo can result...overexposure is likely to result in increasingly severe irritation and inflammation to all mucous membranes contacted by the smoke with sever effects usually appearing in the respiratory tract " 2 Identified by Vigliotti by hand written reference as Brad Voorhees (858) 679 5419~ Attached. 3 Believed to be either Steven Salvati or Tom Howard, whose business cards were provided to Claimant. 4 Facsimile dated 5/12/2004 13: 19 ITom 1.732.251.9442 Superior Signal Co Inc, 4 pages - Attached. 3 January 4, 200S Item # r;z ~o/< 8 of 14 Further, the Material Safety Data Sheet sDeCificallv advises 24 hour notice be sent out to advise others of the nature oftestinl!. The City did not provide the any notice to Claimant the device was to be used to test the sewers or that smoke might intrude into Claimant's home as the result of the test. Had the City of Po way provided said notice, Claimant would have known the home was not in jeopardy of complete fire related loss and the smoke inhalation and subsequent injuries suffered by Claimant could have been completely avoided. Although the smoke data sheet indicated the smoke itself was considered usually non- toxic, it is unknown what adverse affect inhalation of the Signal Smoke in conjunction with the associated sewer gases and chemical fiunes, which were also pumped into Claimant's home, have or will have on Claimant. Following the injury, Claimant investigated the Superior Signal Company website. Claimant's investigation resulted in the discovery of a downloadable document called "The SUPERIOR Smoke Testing Technique" which appears to provide the manufacturer's guidelines for safe and effective use of the smoke devices. The document indicates the density of the smoke is 10 times that of burning oil and capable of travel thousands of feet. Included in the section headed "PROCEDURE" is the following statement: "Proper advanced notices are necessary and the responsibility of the aeeney or contractor nerfonninl! the tests. Door to door notification within 24 hours before the test is recommended." Such notice, although deemed necessary by the manufacturer, was not provided by the City of Poway. The document further states those potentially affected by the test should be advised: "To minimize the chance of smoke enterinl! vour house. please pour water into aD drains includine floor drains prior to the date of the test. " That notice was not provided. As the smoke entered through an apparently dry shower drain, by providing this notification as deemed necessary by the manufacturer, Claimant could have avoided the smoke intrusion and the related injuries by simply pouring water into his shower drain trap before the test. After hours in the hospital, Claimant was discharged and spent the balance of the day vomiting frothy mucous and sleeping off the drugs introduced at the hospital which left him tired, nauseated, and dizzy. Claimant lost his voice and continued to have a burning sensation in his throat and inside of his lungs. He was proscribed Hydrocodone APAP, a pain medication for the lung irritation discomfort and Trimethobenzamide, a rectal suppository for the nausea and dizziness. , PDF file printout, 9 pages titled "The SUPERIOR Smoke Testing Technique" from wehsite - Attached. 4 9 of 14 January 4, 200S Item #~.y , Upon return to the residence, Claimant immediately noticed the City of Po way had entered the home while Claimant was absent. Apparently, the City of Po way or its agents entered the home while the CJ";m~nts were in the hospital, ventilated the home with fans and then applied an odor masking product to the smoke damaged areas. In addition, the City of Po way apparently conducted water clean up in the bathroom area and smoke abatement of the affected portion of the residence, in an effort to make the areas look otherwise undisturbed by the incident. Claimant is unaware of any other action the City may have taken within his home in his absence as he was not advised. Lung Injury & Infection: During the days following the smoke inhalation, Claimant continued to suffer a burning sensation in his throat and inside his lungs ITom the irritation caused by ingesting the smoke, sewer gases and chemicals. Contemporaneously, he continued to experience a chronic cough which at times resulted in the convulsive choking, gagging and vomiting. As the coughing progressed, it developed into a respiratory infection which resulted in the discharge of green mucous; Claimant was administered antibiotics by physician, Dr. David Chang. Subsequent Injury related to Coughing: At or about 8:00 AM, on May 1St!" Claimant began to cough with the same convulsive heaving he had intennittently experienced for the past three days, Claimant began convulsive heaving as he clung to his bathroom sink and vomited into the sink. Suddenly, as Goodall choked and heaved, he was overcome with pain and fell to the floor. Claimant likened the pain to being s1ruck by lightening. Claimant was unable to stand himself up, crawled into the hallway of the home and called out for assistance. With the assistance of his wife, Claimant returned to his feet and advised her of an overwhelming pain in his lower back and right hip, tingling, crnmping and numbness in his right leg. Unknown to Claimant at that time, his convulsive coughing had resulted in the rupture of a lumbar disc in his back. Attempted Treatment with Pharmaceuticals: On or about Monday, May 17111, in severe pain, Claimant contacted the offices of Dr. Peter Wile, and set an appointment for his earliest availability and was seen on or about May 20111. Dr, Wile administered Methylprednisolone, an oral steroid, and Hydrocodone AP AP, a pain medication in an effort to mitigate the pain. Still in severe pain, Claimant contacted Dr. Kevin Tolliver, a pain management surgeon who had treated Claimant six months earlier for hip related nerve inflammation. 5 January 4, 200S Item # :< ~ "'( )~~ 10 of 14 Attempted Treatment with Fluoroscopic Epidural Catheter: On or about May 24th, Dr. Tolliver perfonned a fluoroscopic lumbar epidural catheter injection of steroid and anesthetic in the affected area, at the Mission Valley Heights Surgical Center. The procedure involves inserting a large gauge needle through the back muscles which punctures the dura mater spinal membrane and provides access to the epidural space. Then with the assistance of a fluoroscope, a catheter is inserted through the large gauge needle and thread into the spinal cord's epidural space, The surgeon then moves the catheter near the inflamed nerve and injects an anesthetic and steroid in proximity of the inflamed nerve. It is an extremely uncomfortable procedure, The pain did not significantly diminish after the procedure. On or about May 31 st, Claimant's daughter participated in her Debutante Ball Gala. The Gala was the culmination of his daughter's Debutante season. Claimant had expended thousands of dollars to have his daughter participate in the Debutant activities for a year in advance of the Gala in order for her to attend the event. Claimant additionally spent several thousands of dollars attending the event. The Debutante Ball was focused around the introduction of the Debutante, and a father and daughter waltz in front of hundreds of spectators. Due to the sever discomfort, Claimant was unable to waltz with his daughter without significant pain. After approximately one minute of waltzing, Claimant stepped off the floor and was unable to enjoy and/or materially participate any further in the special event. On or about June 3rd, Dr. Tolliver repeated the fluoroscopic lumbar epidural catheter injection of steroid and anesthetic at the Mission Valley Heights Surgical Center for a second time. The pain again did not diminish. Throughout the treatment period, Claimant noticed the right leg continued to lose function, reflex and coordination. Claimant was repeatedly told by family and mends that his right leg was "dragging" behind him. On or about June lOth, Dr. Tolliver repeated for a third time, the fluoroscopic lumbar epidural catheter injection of steroid and anesthetic at the Mission Valley Heights Surgical Center. The procedure can only be perfonned three times in a six month period. After three treatments over a three week cycle, the pain did not diminish over the next few days, so an appointment was set with Dr. Larry Dodge, a spinal surgeon, at his earliest available appointment. On or about June 29th, spinal surgeon Dr, Larry Dodge was consulted. During the initial examination by Dr. Dodge, it was noticed that among other observations, Claimant had lost the reflex in his right leg. Dr. Dodge ordered an MR1 of the lumbar region. The MR1 was completed at Mercy Hospital on July 9th, which was the first available appointment. From on or about July 13th through July 19th, Claimant attended a family vacation in Maui, Hawaii. The vacation was scheduled a year earlier and included 20 members of 6 January 4, 200S Item # c;z.. ~ ~"V 11 of 14 . the extended Goodall family. Throughout the visit Claimant remained in constant pain. Due to his discomfort, he was not able to participate in several of the activities and his enjoymeut of the vacation was significantly diminished. Immediately upon his return he had a follow up appointment with Dr. Dodge. Rupture Diagnosed: On or about July 20, 2004 Dr. Dodge advised Claimant that he had suffered a significant rupture of his disc and that portions of the disc had shifted or migrated in a manner in which they were placing pressure on the nerve which serves the right leg. In addition, Dr. Dodge had previously obtained a copy of the October 2003 MRI of the same region. Dr. Dodge indicated the rupture was not on the six month old MRI but was obvious on the more recent MRI, After discussing treatment options (many of which Claimant had unsuccessfully exhausted), and the statistical likelihood of successful treatment, Dr. Dodge advised Claimant surgical correction was necessary and his best remaining treatment option. Due to the overwhelming pain, Claimant asked for immediate surgery and received his earliest surgical appointment, Surgery was scheduled for three days thereafter. Open Spinal Surgical Treatment: At 5:15 AM, on or about July 23rd, Dr. Dodge perfonned an extensive open operation using a two inch incision (in the center of Claimant's back) with external visualization of the surgical field and an operating microscope. According to the surgical invoice, Dr. Dodge perfonned a "Laminectomy" or the removal of the lamina portion of the vertebrae(s), an "AS Laminectomy", microsurgical removal of the ruptured disc and other required bone removal. Claimant was left with pennanent scarring on his back. When the procedure was completed, Claimant's father asked the physician who visited the waiting room how long would it take for Claimant's back to be nonnal? Claimant's father and Claimant's wife were advised Claimant's back would never be "nonnal" again and that his recovery was going to be long and slow. The discharge instructions for Claimant included confmement of activity to lying in bed for three weeks, no physical activity or physical exertion for at least three months, no lifting of anything weighing ten pounds or more for at least three months and to expect a healing and recovery period of not less than six months, The post surgical period for Claimant has to date been extremely painful. When Claimant was discharged, he was proscribed 1.5 grams Hydrocodone APAP (two Extra Strength Vicodin) every three to four hours plus 600 to 900 mg. of Neuron tin for his discomfort, Despite the heavy doses of pain medication, Claimant was uncomfortable and unable to sufficiently mitigate his pain to a level he could fall asleep for the initial three days following surgery. After three days of insomnia and desperate for relief, 12 of 14 January 4, 200S Item # 'J.- c4 7 Claimant was proscribed 60 mg. ofFlurazapam, a sleep medication by his primary physician, Dr. David Chang. For the initial 21 days following surgery, Claimant was virtually bedridden, yet unable to fmd comfort without significant pain medication and unable to sleep without the influence of medication. The heavy doses of medications nauseated Claimant and caused dizziness, insomnia, nervousness and depression. Throughout the period since surgery, Claimant has remained in chronic pain and often requires 30 minutes of cold therapy (ice treatment) at bedtime to numb his entire lower back region in order to fall asleep without medication. Claimant continues to take 900 mg. Neurotin for discomfort and considers himself far from returning to health. Claimant has been unable to sit in chairs for prolonged periods, walk any significant distance or stand for extended periods of time. Claimant remains unable to conduct ordinary tasks including working more than a couple hours from his Downtown offices. When Claimant exerts himself to any degree, he often experiences severe recurrences of pain. Outlook: AB previously indicated, Claimant has been advised that he will never again have a "nonnal" back but he does not fully understand what use of his back he will ultimately regain or to what level his pain will subside. Plaintiff is scheduled to begin physical therapy during mid-November. As an active outdoorsman, who spent his free time hunting and fishing throughout the world, Claimant has missed his scheduled 2004 Sierra fishing trip and his planned hunting activities. Claimant questions whether he will ever be able to regain sufficient health to resume these activities - as they historically involved hiking dozens of miles, climbing steep mountain grades and carrying or dragging hundreds of pounds of equipment and/or game. Moreover, Claimant is also presently unable to participate in ordinary fumily activities. He was unable to dance with his daughter, unable to assist his son move to college and has and continues to miss several of his son's and daughter's sporting events due to his inability to simply sit without pain, Plaintiff's intimacy with his wife has also been significantly and adversely affected by the injury and its treatment(s). With regard to quantifYing pain, Claimant considers himself to have a very high tolerance to pain, He has endured many surgeries during his lifetime, including removal of bone from his femur and grafting of replacement bone from his pelvis, he has endured the pain related to a gunshot wound and subsequent surgery to his left thigh, he has fully recovered from the reconstruction of both his right and left elbows, he has collapsed a clavicle and thereafter recovered from reconstruction and bone removal of his shoulder and he has even recovered from a broken neck related to a high school aged injury. Claimant indicates the rupturing of his disc and the associated treatment, surgery and 8 January 4, 200S Item # CL ~1 13 of 14 recovery has far exceeded any discomfort he has ever experienced and his discomfort and pain are on-going to date. In addition, with regard to all prior injuries, Claimant points out he was always able to return to "normal" health and able to resume his ordinary active lifestyle, but now questions his present circumstance. Damages: Claimant's has lost irreplaceable family photographs which were water damaged, in addition there was water damage to miscellaneous items in the bathroom. Claimant has incurred medical bills through 9/15/04 totaling not less than $33,500 (a portion of which has been paid by his personal insurance), Claimant's future medical expenses are unknown. Claimant has also suffered loss of enjoyment of his vacation, loss of enjoyment of his daughter's Debutante Gala., loss of spending his summer spending time with his children, loss of mobility, loss of sound health and the adverse affect on his relationship with his wife. A summary of the medical bills is attached6, 6 Medical Cost Spreadsheet, 1 page - Attached. 9 14 of 14 January 4, 200S Item # f<- ct:.