Confidential
Settlement – $75,000Judge
Court
L.A. Superior Burbank
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Orris Johnson
(technical)
Russell J. Vergess
(medical)
Defendant
Paul C. Stimson
(technical)
Geoffrey M. Miller M.D.
(medical)
Facts
On May 21, 993, the plaintiff, a 48-year-old motorcycle mechanic, was installing an all terrain vehicle tire manufactured by the defendant, onto a rim. Upon inflation, the tire exploded causing the rim to propel outward injuring the plaintiff. The plaintiff brought this action against the defendant based on strict product liability and negligence theories of recovery.
Settlement Discussions
The defendant made a C.C.P. º998 offer of compromise for $25,000.
Specials in Evidence
$_______ $_______ $_______ $_______
Injuries
the plaintiff claimed he suffered a distal radius shaft fracture, a left thumb distal phalarx fracture and lacertations.
Other Information
The settlement was reached approximately two years and nine months after the case was filed. The trial was bifurcated and the plaintiff prevailed on liability issues. The jurors found the plaintiff 20% negligent, the defendant 60% negligent and another party 20% negligent. The case settled during the damages phase of the case.
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