Facts

Plaintiff Brenda Carter, a 21-year-old server at a BJ's Restaurant in Moreno Valley, alleged that she cut her little finger when she placed her hand into the ice bin of a soft drink dispensing machine designed and manufactured by defendant IMI Cornelius Inc.

The evidence established that the machine was designed with two pieces of sheet-metal covering the ice bin: the 'lid,' which covers the front half of the bin, and the 'sanitary plate,' which covers the back half of the bin. The lid slides over the top of the sanitary plate to expose the front-half of the bin and the ice so that the user can scoop ice out. The front edge of the sheet metal lid is folded-over, thereby creating a smooth edge, whereas the front edge of the sanitary plate is not folded over. To try and stop the lid from sliding back past the front edge of the sanitary plate, IMI's design included two metal posts welded to the top of the sanitary plate.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that her injury was caused by defects in the design of the machine. Plaintiff testified that she cut her finger on the exposed edge of the sanitary plate as she attempted to scoop ice out of the bin.

Plaintiff's mechanical engineer, Naresh Kar, Ph.D., testified that the design of the machine permitted the lid to override the posts on the sanitary plate, thereby exposing the sanitary plate's sheet-metal edge. He explained that the problem could be remedied either by folding over the edge of the sanitary plate the same way IMI folds over the edge of the lid, or by welding an additional post at a right angle to the posts on the sanitary plate, effectively forming an 'L' which would create a safety cage all around the lid and prevent it from overriding the posts and exposing the sanitary plate's sheet-metal edge.

DEFENDANT'S CONTENTIONS:
Defendant denied that there was any defect in the design of the machine and alleged that plaintiff's injury was the fault of other employees at the restaurant.

IMI's Director of Engineering, David Briggs, testified that IMI did not contemplate that the sanitary plate could become exposed to users of the machine during ordinary use, and that in any event, it was the company's practice to smooth all metal edges on the machine to protect against a cut-type injury.

Defendant's expert mechanical engineer, Mack Quan, Ph.D., testified that the machine was safe for use as designed, and that the edge of the sanitary plate on the machine at BJ's Restaurant was not sharp enough to have caused plaintiff's injury.

Settlement Discussions

Prior to trial, plaintiff issued a CCP 998 demand in the amount of $250,000. Defendant offered $40,000.

Injuries

Plaintiff's treating physician, plastic and reconstructive surgeon Ben Childers, M.D., testified that plaintiff sustained a laceration of the flexor tendon controlling the third joint of the little finger of her left hand. After multiple surgeries, reconstruction of the tendon was unsuccessful and plaintiff's little finger was fused at the second and third joints, causing it to become approximately 1 cm shorter, with significant disfigurement and scarring. Plaintiff testified that her finger is painful and functionally impaired as a result of the fusion. Childers testified that plaintiff's finger pain would likely continue and gradually worsen over time.

Result

The jury awarded plaintiff $650,000 general damages for her pain and suffering.

Other Information

Prior to trial, the plaintiff waived all special damages including medicals and lost earnings.

Deliberation

five hours

Length

five days