Richard Farias, Christine Rolin v. Noble Tractor Inc.
Published: Nov. 30, 2004 | Result Date: Aug. 26, 2004 | Filing Date: Jan. 1, 1900 |Case number: FCS018596 Verdict – $0
Judge
Court
Solano Superior
Attorneys
Plaintiff
Defendant
Peter M. Hart
(Law Office of Peter M. Hart)
Experts
Plaintiff
Glen R. Stevick Ph.D., PE
(technical)
Joanna Moss
(technical)
Carol R. Hyland M.A.
(technical)
Christopher Coufal
(medical)
Defendant
Gregory W. Sells
(technical)
Stanley P. Stephenson
(technical)
Roman R. Beyer
(technical)
Facts
Richard Farias, 34, was operating a Kubota tractor in the course and scope of his employment as a landscaping supervisor. One of the tractor's front wheels went flat. Farias, who wished to lower the front bucket of the loader far enough to raise the front wheels off the ground to effect a repair, reached from the left side of the tractor across its driver's seat, to the ignition switch on the right side of the cab to start the tractor. When he started the engine, the tractor, which was in gear, ran over his legs. Farias and his wife sued San Jose-based Noble Tractor Inc., a dealer of Kubota tractors, for negligent repair.
Specials in Evidence
$87,000 $70,000 $750,000
Damages
Farias' wife claimed loss of consortium damages of about $5,000 for past loss of household services.
Injuries
Farias sustained distal tibia and fibula fractures of the left leg and a fibula fracture of the right leg. His right leg healed well, but his left leg shortened during healing. As a result, Farias needed three surgeries to get the left leg back to the desired length. He claimed that he could not perform much of the manual labor necessary to operate his own landscaping company. The defense disputed Farias' claim of loss of earning capacity, noting that there was no evidence of an ongoing business for which a replacement of his labor was needed, and that Farias' own doctor stated that he could return to work in his pre-injury occupation, and that Farias had told the defense vocational rehabilitation expert that he was doing physical labor presently, including building retaining walls and concrete forms.
Other Information
Both parties agreed to no appeal in exchange for the defendant's waiver of costs.
Deliberation
two hours
Poll
12-0 (negligence)
Length
seven days
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