Darioush Yaghoubi v. ICON health & Fitness, Inc.
Published: Oct. 8, 2002 | Result Date: Aug. 16, 2002 | Filing Date: Jan. 1, 1900 |Case number: 00CC12387 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Stephen H. Smith
(Yoka & Smith LLP)
Experts
Plaintiff
Michael P. Blum
(medical)
Stuart F. Green
(medical)
Donald C. Berman
(technical)
Defendant
Mark A. Gomez Ph.D.
(technical)
Laurel Jensen
(technical)
Facts
On Dec. 21, 1999, plaintiff Darioush Yaghoubi was operating an exercise machine called the Weslo Easy Stride,
manufactured by ICON Health & Fitness, Inc. The plaintiff purchased the Weslo Easy Stride machine from K-
Mart in February 1997. The machine was assembled by the plaintiff. In the following years, both the plaintiff
and his wife used the exercise machine on a somewhat regular basis without incident.
The plaintiff alleged that on Dec. 21, 1999, he was getting off the Weslo Easy Stride machine
when he fell, injuring his mouth and teeth.
Settlement Discussions
The defendants tendered an offer of $15,000; the plaintiff submitted a demand, pre-trial, of $900,000 which was reduced to $500,000 at the commencement of trial.
Specials in Evidence
$19,000 $18,000
Injuries
The plaintiff asserted that he suffered the loss of four teeth and fractured bones in his mouth and face. He underwent several surgical procedures including bone grafts to repair the damage to his mouth and to prepare for dental implants. The plaintiff also claimed he suffered from miscellaneous neurological injuries.
Other Information
PLEASE PROVIDE US PHONE NUMBER AND FAX NUMBER OF THE PLAINTIFF'S ATTORNEY, SOUSAN ALEMANSOUR
Poll
12-0
Length
10 days
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