Michael Nunes v. Milwaukee Electric Tool Corporation, et al.
Published: Oct. 21, 1995 | Result Date: Jul. 12, 1995 | Filing Date: Jan. 1, 1900 |Case number: 922497 – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Robert C. Lindkvist
(Law Offices of David L. Brault)
Experts
Plaintiff
David A. Thompson
(JAMS)
(technical)
Lawrence J. Deneen J.D.
(technical)
William C. Lineaweaver
(medical)
Defendant
Eugene S. Kilgore Jr.
(medical)
Bruce A. Lippman
(technical)
John L. Bennett
(technical)
Facts
On August 18, 1989, Plaintiff Michael Nunes, a 32-year-old sheet metal apprentice in the course and scope of his employment with A&B Metal Products, was cutting either Unistrut or threaded metal rod in connection with a deli-expansion project at La Playa Safeway store in San Francisco. Plaintiff was using Defendant Milwaukee Electric Tool's model 6096 sander/grinder with a 7-inch-diameter Norton "blue blade" abrasive sawing disc (not an accessory recommended by Milwaukee) as a cut-off tool. The tool slipped or "bounced" in some fashion; and the rotating cut-off disc made contact with the "snuff box" area at the base of Plaintiff's right thumb. Plaintiff sustained injury. At the time of this accident, Defendant's model 6096 was not equipped with a safety guard. Plaintiff alleged that this was the only tool his supervising journeyman had given to him to cut the metal pieces and that he had never seen anyone at A&B use a sander/grinder with a safety guard.
Settlement Discussions
Defendant contends it offered $5,000 and Plaintiff demanded $225,000.
Specials in Evidence
$23,955 $140,000 $221,000
Injuries
Laceration with severed tendon and nerve in the "snuff box" area at the base of the right thumb requiring revision surgery to the thumb tendon and radial nerve in the right hand and subsequent tendon transfer from the index finger to reconnect the thumb tendon following rupture of the initial repair. Residuals include loss of range of motion in the right thumb and index finger; numbness in the right hand, thumb, and index finger; pain and aching in the right thumb; loss of right hand grip strength and pinch strength.
Result
The jury found by special verdict that there were no design defects and that the warnings provided by Defendant Milwaukee were adequate.
Other Information
This case was filed in 1990; five years prior to this result. Plaintiff's post-trial motion for new trial was denied.
Deliberation
1 day
Poll
9-3 no defect, 9-3 adequate warnings
Length
9 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390