Confidential
Settlement – $625,000Judge
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
James Chang
(medical)
Paul F. Youngdahl
(technical)
Jeffrey T. Holmes
(medical)
Defendant
Roman R. Beyer
(technical)
Donald P. Horst
(technical)
James Christopoulos
(technical)
Facts
Plaintiff Felipe Andrade, age 59, was a machine operator for Hyatt Die Cast Co. He worked on a Rotoblast GLT-5 machine that was made by defendant Pangborn Corp. The machine shot hard metal BBs onto metal pieces for cleaning. As the plaintiff reached for a part on the table, his right arm became trapped in an unguarded pinch point. While focused on the piece being cleaned, he did not realize he was walking toward the pinch point hazard zone. His arm was trapped for over two hours. A come-along device was jerry-rigged to force the table to reverse direction and the plaintiff's arm was finally freed.
Settlement Discussions
The plaintiff and his wife demanded $950,000, and Republic Indemnity demanded $150,000. The defendant offered $20,000 to Republic Indemnity after settlement with the plaintiff.
Specials in Evidence
$138,642
Damages
The plaintiff has not returned to work since the accident. He claimed past loss of earnings of $75,014 and future loss of earnings of $71,825, as well as unspecified general damages. The plaintiff's wife claimed loss of consortium. Plaintiff-in-intervention Republic Indemnity requested reimbursement of its $250,000 lien. It had previously paid the plaintiff $85,000 for a compromise and release.
Injuries
The plaintiff suffered a severe crush injury to his right forearm requiring five surgeries, including a skin graft. There were no fractures. He complains of lost motion and gripping power in his right (dominant) hand and a loss of sensation in the thumb region. The plaintiff claimed he suffered intermittent pain in his wrist in cold weather.
Result
After mediation, the defendant settled with the plaintiff and his wife for $625,000, holding them harmless for any reimbursement of the workers' compensation lien. Republic Indemnity Co. proceeded to a bench trial against Pangborn. The judge found there was no breach of warranty and no failure to warn. She also found there was a manufacturing defect with regard to the personal safety bar but that this defect did not cause plaintiff's injuries. The judge found there was a design defect with regard to the unguarded pinch point. The plaintiff's employer was found negligent and this negligence offset Pangborn's liability.
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