Confidential
Settlement – $1,200,000Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Paul F. Youngdahl
(technical)
A. Richard Grossman M.D.
(medical)
Defendant
Ralph L. Barnett
(technical)
Drexel Winsted
(technical)
Ralph Hidding
(technical)
Facts
The plaintiff, a 34-year-old production assistant at a company which makes plastic buckets, serviced injection molding machines. On June 12, 1992, a 700-ton remanufactured horizontal injection molding machine developed a blockage in the feed throat area. High density polyethylene plastic pellets are gravity fed from a feed hopper atop the involved horizontal injection molding machine through a three-inch feed throat opening into a large steel chamber that houses a rotating screw. The rotating screw forces the plastic through to the molder and is heated by electrical heaters outside the steel chamber. The heat melts the pellets forming a molten plastic material that reaches temperatures of 500 to 600 degrees Fahrenheit. On the day of the incident, melted plastic hardened in the feed throat, creating a blockage. Once a blockage occurs, gases can become trapped below the blocked area. The plaintiff and several co-workers initially attempted to unblock the feed throat by removing the hardened plastic with a brass rod. After breaking up the blockage, and removing what was remaining in the feed throat, the plaintiff and his co-workers placed styrene in the feed throat and rotated the screw in an attempt to purge the remaining blockage out of the machine. After unsuccessfully attempting on two occasions to remove the remaining blockage, a third purging cycle was contemplated. Either before or immediately after the third purge attempt, gases inside the barrel overcame the resistance of the blockage and 500- to 600-degree molten plastic shot out of the exposed feed throat. The plaintiff was struck directly in the face and suffered third degree burns. The plaintiff brought this action against the defendant based on product liability and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $2 million. The defendant made a C.C.P. º998 offer of compromise for $500,000.
Specials in Evidence
$350,000 (paid by worker's compensation carrier)
Injuries
The plaintiff alleged he suffered third-degree burns to the face, requiring multiple skin grafting surgeries.
Other Information
The settlement was reached approximately three years after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on June 21, 1996 before Judge John Farrell of the San Fernando Superior court resulting in a settlement. The workers' compensation intervenor waived its lien in total for past and future payments to the plaintiff in return for a dismissal of a "serious and willful" claim. Accordingly, the plaintiff's weekly disability benefits, and all future medical care, will be paid by the workers' compensation carrier.
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