Gilbert Rivera v. HBE Corp., et al
Published: Jun. 10, 2006 | Result Date: Jan. 30, 2006 | Filing Date: Jan. 1, 1900 |Case number: 2-1500-CV-245963 Settlement – $200,000.
Facts
The plaintiff welder received a blow to his head, neck and shoulders and back by an I-beam suspended from a forklift. The forklift operator allowed the wheel of the vehicle to shift and fall off the three-inch slab causing the beam to swing and injure the plaintiff.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant caused the accident by failing to operate the forklift in a non-negligent manner. The forklift was on the edge of the slab placing it in a dangerous position.
DEFENDANT'S CONTENTIONS:
The defendant admitted liability but contended that plaintiff was negligent in proceeding to work under dangerous conditions after complaining to employer.
Specials in Evidence
$36,000; $60,000; $350,000. $15,000;
Injuries
Shoulder surgery, nerve injury.
Result
Per plaintiff, settlement approximately one month before trial for $200,000, and waiver of Workers' Compensation lien in the amount of approximately $75,000. Per defense counsel, anything having to do with the workers' compensation lien was not part of the case.
Other Information
The Hon. Enrique Romero conducted settlement/mediation.
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