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Personal Injury
Negligence
Product Liability

Paul Lewis v. Electrolink Engineering Services Inc.

Published: Feb. 25, 2017 | Result Date: Oct. 25, 2016 | Filing Date: Jan. 1, 1900 |

Case number: HG15787220 Verdict –  Defense

Court

Alameda Superior


Attorneys

Plaintiff

Mark B. O'Connor
(Shea & Shea)

Michael M. Shea
(Shea & Shea)


Defendant

Daniel R. Friedenthal
(Friedenthal, Heffernan & Brown LLP)

Elaine Tanudjaja
(Bledsoe Diestel Treppa & Crane LLP)

Richard S. Diestel
(Bledsoe, Diestel, Treppa & Crane LLP)


Experts

Plaintiff

John Palmer
(technical)

Facts

On Nov. 30, 2014, plaintiff Paul Lewis, an employee of Tesla Motors in Fremont, reached into a 12 kV cabinet that had been re-energized earlier in the day. Defendant Electrolink Engineering Services Inc., a substation of Tesla, was performing preventive maintenance at the time. Plaintiff was electrocuted when an arc explosion occurred.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant did not warn plaintiff that the 12 kV cabinet unit was re-energized.

DEFENDANT'S CONTENTIONS:
Defendant claimed that it did not control plaintiff, and that plaintiff had notice of the 12 kV cabinet not being energized and failed to use due care.

Settlement Discussions

A mediation took place on Aug. 23, 2016, with Justice Edward Panelli. Plaintiff demanded $2 million. Defendant offered $25,000 at mediation.

Injuries

Plaintiff suffered thermal burns over his body, traumatic brain injury, had a shoulder and neck surgery and claimed residual problems.

Result

Defense as to Electrolink Engineering Services Inc.

Other Information

This case was a bifurcated trial. FILING DATE: Sept. 25, 2015.

Deliberation

three hours

Poll

10-2 (no liability on Electrolink Engineering Services)

Length

eight days


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