Confidential
Settlement – $130,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Arash Homampour
(The Homampour Law Firm PC)
Defendant
Christopher A. Kanjo
(Manning & Kass Ellrod Ramirez Trester LLP)
Facts
Plaintiff worked for a large furniture manufacturer and assembler as an operator of a Model SL-52 Wide Arm Ripsaw. The ripsaw was manufactured and sold by defendant in 1969. While attempting to clean the ripsaw, the plantiff's small and ring fingers of his right, dominant hand were severed by the ripsaw's blade. As the ripsaw did not have a safety device to prevent the saw pit door from opening while the blade coasts or to eliminate or reduce the coasting time and as plaintiff did not know that the blade of the ripsaw was still spinning, plaintiff put his hand into the ripsaw while the blade was still spinning and his fingers were severed. During discovery in the case, the defendant admitted that at the time that defendant designed and manufactured the ripsaw, it was aware of the hazard that the operator may come into contract with the rotating saw blade in the saw pit area; there were approximately eight prior claims involving similar accidents and its machine; defendant was aware that persons could come into contact with a saw blade which continues to rotate after the saw motor had been de-energized or turned off; and as of 1985, the ripsaw incorporated an "arbor-brake."
Settlement Discussions
The plaintiff originally demanded $350,000. Until mediation, defendant offered nothing. At mediation, the defendant initially offered $75,000 and plaintiff offered to settle for $150,000. The day after the mediation, the case settled for $130,000 new money.
Specials in Evidence
$12,752.32
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