Confidential
Settlement – $4,000,000Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Myron L. Nathan
(medical)
Paul F. Youngdahl
(technical)
Robert W. Johnson CPA
(technical)
Defendant
Brian P. Jacks
(medical)
Facts
This is a Federal Tort Claims Act case. The accident took place in August 30, 1974, in Gardena, California. The four Plaintiffs, were machine operators (ages 35, 31, 25, and 23 years) working for a sub-contractor manufacturing rocket components for the Defendant, during the Vietnam war. All four were working on a 175-ton power press which was owned by the Defendant and had recently been supplied to the sub-contractor for use in manufacturing munitions. The machine, built in 1951, had a selector switch which would permit operation in either "single stroke" or "continuous" mode. A simple safety switch had been developed which would safeguard these machines from this type of accident. That safety switch was required under the national safety standard for such power presses; but this press did not incorporate the safety switch. On August 30, 1974, all four Plaintiffs pressed the two-hand palm buttons; the ram of the 175-ton press came down, closed on the workpieces, and went back up. Fully expecting the ram to stop at the top of the cycle, each of the four Plaintiff women reached in with one hand to move the work pieces to a second forming die. Suddenly, the ram closed again, this time, chopping and crushing two fingers of each of the women's hands before they could pull away.
Settlement Discussions
Plaintiff contends their demand was $6,000,000 and Defendants offered $2,000,000.
Specials in Evidence
$37,200 total $76,900 total
Injuries
Injuries to each of the 4 Plaintiffs were amputations of two fingers and crushing injuries with minimal attendant medical costs, but requiring ongoing psychiatric treatments.
Other Information
This case had gone through an appeal by the Plaintiffs of summary judgment, granted by the Court in favor of Defendant (reversed) and an appeal by the Plaintiffs of a verdict in favor of the Defendant following a 10 day trial in 1985. The U.S. Court of Appeal reversed the latter verdict, remanding the case to the U.S. District Court for trial only on the issue of damages. Settlement was reached before the trial started.
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