Robert Wanless v. Bottling Group LLC
Published: Jan. 28, 2012 | Result Date: Oct. 24, 2011 | Filing Date: Jan. 1, 1900 |Case number: SCV245515 Verdict – Defense
Court
Sonoma Superior
Attorneys
Plaintiff
Nicole Cherones
(Smart Law Offices)
Defendant
Dale L. Allen Jr.
(Allen, Glaessner, Hazelwood & Werth LLP)
Experts
Plaintiff
Richard D. Palfin
(technical)
Toby Gloekler
(technical)
Defendant
Roman Bayer
(technical)
Facts
Robert Wanless worked as a maintenance man at Stag's Leap Winery in Napa. He helped two men who were struggling to move a Pepsi vending machine using a hand truck. The weight of the vending machine came down on him as he assisted the workers. He was seated on the stairs when it occurred and the machine wrenched his lower back as a result of the incident.
Wanless sued Bottling Group LLC alleging negligence in the training of its workers.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended he was being a good samaritan by helping the workers in distress. He contended that one of the workers lost control as he was assisting them, which caused the accident.
DEFENDANT'S CONTENTIONS:
Defendant contended that its employees were not negligent and were properly trained. Further, that the situation did not involve an emergency situation, and that even if the employees acted negligently, plaintiff was never asked for help. Defendants also disputed his injuries and contended that his lower back problems were preexisting issues.
Damages
Wanless sought in excess of $40,000 for past medical costs and $770,000 for lost earnings and an unspecified amount for pain and suffering.
Injuries
Wanless suffered from lumbar herniations and treated with physical therapy for nearly half a year. He also received two series of epidural injections and missed several weeks of work following the accident. He returned to light duty and claimed he was terminated two years later due to his inability to return to full duty. He claimed he is now permanently disabled and will require future lower back surgeries, including a fusion.
Result
The jury rendered a verdict in favor of the defense.
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