Jonathan Appling v. Aggregate Machinery Inc.
Published: Feb. 18, 2017 | Result Date: Nov. 9, 2016 | Filing Date: Jan. 1, 1900 |Case number: RG13707789 Verdict – $1,678,230
Court
Alameda Superior
Attorneys
Plaintiff
William L. Disston Jr.
(Casalina & Disston)
Defendant
Stephen J. Schori
(Law Offices of John A. Biard)
Facts
Jonathan Appling, 40, sued Aggregate Machinery Inc. after he was injured while operating a Thunderbird II Closed Circuit Recycle Crusher, a machine manufactured by Aggregate Machinery that was used to crush large rocks and pieces of concrete. Appling's jacket and pant leg became caught on the machine as he was trying to fix a conveyer belt that had gotten out of alignment, causing a compound fracture in his left tibia, pelvis fracture, and herniated lumbar intervertebral discs.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the machine was defectively designed.
DEFENDANT'S CONTENTIONS:
Defendant denied that the machine was defectively designed and contended that Appling and his employer were negligent.
Result
The jury returned a verdict for plaintiff, finding that Aggregate Machinery was 35 percent liable, plaintiff was 18 percent liable, and Appling's employer Urban Recycling Corp. was 47 percent liable. It awarded him $1,678,232 in damages, reduced to $718,820 after offsetting for comparative liability.
Other Information
FILING DATE: Dec. 23, 2013.
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