Nolberto Diaz-Balmontes v. Otis Elevator Company
Published: Aug. 13, 1994 | Result Date: Jun. 22, 1994 | Filing Date: Jan. 1, 1900 |Case number: 677219 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
David A. Clinton
(Clinton & Clinton )
Experts
Plaintiff
Jay Jurkowitz
(medical)
Richard H. Andolsen
(technical)
Allen Bernstein
(medical)
Defendant
Steven M. Coleman
(medical)
Clifford C. Raisbeck
(technical)
Milton E. Ashby
(medical)
Reinhard Biernat
(technical)
Facts
Plaintiff Nolberto Diaz-Balmontes alleged that, on December 12, 1992, he was injured while getting out of an elevator manufactured by Defendant Otis. Plaintiff was a 33-year-old houseman in the course and scope of his employment at the Anaheim Hilton Hotel at the time. He was traveling with a cart full of glasses from the 12th floor to the 5th floor. When the elevator stopped at the 5th floor, the doors opened and pushed his cart to exit the car. Plaintiff alleged that, during his exit, the elevator dropped causing him to trip and fall.
Settlement Discussions
Defendant contends they made no offers and Plaintiff demanded $227,000.
Specials in Evidence
$20,000
Injuries
Disc herniation at L5-S1 requiring orthopedic and chiropractic treatments; fractured ankle requiring closed reduction.
Other Information
A prior arbitration by Richard Farnell resulted in a Plaintiff's award in excess of $94,000 (including the Workers' comp lien in excess of $50,000).
Deliberation
10 minutes
Poll
12-0
Length
10 days
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