Zafar Iqbal v. Scott Turbine Mixer, Inc., et al.
Published: Apr. 5, 1997 | Result Date: Jan. 30, 1997 | Filing Date: Jan. 1, 1900 |Case number: 95AS05651 – $58,984
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Facts
On Nov. 2, 1994, plaintiff Zafar Iqbal, a 60-year-old food processor, was in the course and scope of his employment with Professional Food Flavors at their plant, when a lid to an industrial mixer fell striking the plaintiff's shoulder. The mixer was manufactured by defendant Scott Turbon Mixer, Inc. It was installed approximately three months before the incident. When it left the Scott Turbon plant, the hinge holding the lid to the tub of the mixer was not fully welded. Shortly after delivery, the plaintiff's employer learned the lid was not fully welded to the tub and contacted defendant Scott Turbon. The employer wanted the lid welded immediately and Scott Turbon did not have anyone in the area to do the welding. The employer had hired the defendant installer to install the machine. Defendant Scott Turbon was informed that the defendant installer could weld. Defendant Scott Turbon asked the defendant installer to weld the lid. The defendant installer agreed but his employee did not weld both sides of the lid. Bill Scott, the owner of defendant Scott Turbon, was in the area within a week or two and inspected the mixer but failed to look at the weld. The defendant installer contended that he told the employer on many occasions that the lid needed further welding but the employer would not allow him access. The employer denied this allegation.The plaintiff brought this action against the defendants based on negligence, strict liability and product liability theories of recovery.
Settlement Discussions
At a settlement conference, the plaintiff's lowest offer to the defendants was $300,000. The defendants at that time made a joint offer of $30,000. After the settlement conference, the plaintiff made a C.C.P. º998 settlement demand to both defendants in the amount of $147,500 each. On the first day of trial, the plaintiff settled with the defendant installer and the installation company for $25,000. The plaintiff's lowest offer to the defendant Scott Turbon Mixer, Inc. was $100,000 made by way of a C.C.P. º998 offer served on the first day of trial. Defendant Scott Turbon Mixer, Inc, offered $45,000 prior to trial.
Injuries
The plaintiff alleged he suffered a right shoulder rotator cuff injury, requiring surgery.
Other Information
The verdict was reached approximately ____ years and _____ months after the case was filed. A settlement conference/mediation/arbitration was held on ____/____/19___ before ____________ (name) of ___________ (affiliation or court) resulting in _____________. As a set-off defendant Scott recived 64.8% of the lien and settlement. ANY INTERESTING EXPERT TESTIMONY? ANY COMMENTS ON THE JUDGE/ARBITRATOR/MEDIATOR?
Length
11 days
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