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CONFIDENTIAL

Jun. 24, 2003

Personal Injury
Product Liability
Defective Design

Confidential

Settlement –  $1,000,000

Judge

Karl W. Jaeger

Court

L.A. Superior Pomona


Attorneys

Plaintiff

Mark D. Wenzel


Defendant

Thomas B. McNutt
(Youngerman & McNutt LLP)

Thomas A. Kearney
(Kearney Littlefield LLP)

Jack M. LaPedis


Experts

Plaintiff

Paul F. Youngdahl
(technical)

Perry Maloff M.D.
(medical)

Peter H. Grossman
(medical)

Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)

Defendant

Lester M. Zackler M.D.
(medical)

Roger L. McCarthy
(technical)

Facts

The plaintiff, a 27-year-old machine operator, stated that he was severely burned when he was splashed with molten aluminum. The defendants were UBE Machinery, a United States distributor of Japanese die-cast machines; Sea Shield Marine and Wendall Goodwin, the plaintiff's employer, and UBE Industries, a Japanese manufacturer of die-cast machines. The plaintiff was splashed with molten aluminum when a die-cast machine ladle struck him as he reached into the shot area of a machine to fix a hose.

Settlement Discussions

The plaintiff demanded $2.25 million; the defendant offered $150,000.

Specials in Evidence

$200,000 $30,000 $20,000 $30,000

Injuries

Second and third degree burns to the face and shoulder requiring multiple skin grafts. The plaintiff is now fearful of working in a factory.


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