Ed McMahon has settled malpractice claims in a lawsuit he filed after breaking his neck in a fall at an executive's Los Angeles home, leaving only his premises liability allegations to be tried, a lawyer said Monday.
In the wake of the resolution of the malpractice portion of the case, lawyers for Johnny Carson's former sidekick want a ruling from Los Angeles Superior Court Judge John P. Shook directing Robert and Kelly Day's legal team to refrain from saying anything about them when the case goes before a jury on the claims against the investor and his spouse.
"There is a significant danger that the Day (lawyers) will attempt to imply to the jury that (McMahon) has already been sufficiently compensated ...," the McMahon lawyers stated in court papers filed Friday.
The trial is scheduled for May 27. A mandatory settlement conference with the Days last week failed to produce a pretrial accord.
McMahon sued Cedars-Sinai Medical Center and Dr. Neelakantan Anand, an orthopedic surgeon, along with the Days last July 18. He alleged that when he visited the hospital after falling at the Day' Bel Air home at 8:40 p.m. on March 12, 2007, doctors failed to diagnose his neck fracture after the fall and discharged him without taking an X-ray.
McMahon, 86, also claimed Cedars-Sinai botched two spine operations, causing him months of discomfort and pain.
Cedars-Sinai attorney David J. Ozeran confirmed that a settlement of the malpractice claims was reached, but he did not disclose any of the terms, nor were they divulged in court documents.
In his portion of his suit involving the Days, McMahon alleges that his fall could have been prevented if their home's entry stairs had handrails and sufficient lighting. He tumbled down the steps and slammed his head onto the asphalt driveway, according to his court papers.
Robert Day is founder and chairman of TCW Group Inc., a Los Angeles-based investment management firm, and heads the W.M. Keck Foundation, one of the nation's largest philanthropic organizations.