Facts

On June 2, 2007, Juan Mondragon was walking alongside a John Deere tractor operated by his father, who was working at defendant Fruitworld Inc. Juan's long sleeve caught in the power take-off system. His left arm was amputated. Mondragon sued the owner of the tractor, Fruitworld, for negligent maintenance of the vehicle, creating a dangerous condition. The matter proceeded to mediation.

PLAINTIFF'S CONTENTIONS:
Mondragon claimed the tractor lacked a protective shield on the power take-off system, which would have cost Fruitworld $50.

DEFENDANT'S CONTENTIONS:
Fruitworld's insurer disputed the amount of additional surgery Mondragon would require and his alleged loss in earning potential.

Specials in Evidence

Plaintiff claimed medical expenses of $578,312. Mondragon claimed the loss of use of his arm will affect his future potential earning capacity. He sought to recover $267,141. Plaintiff claimed future medical costs of $125,000 to $150,000.

Injuries

Mondragon sustained an above-the-elbow amputation of his left arm. His arm was surgically reattached, but he was left with essentially no function or sensation in that arm. Several additional surgeries were required and he may require future surgeries.

Result

The parties settled for $2.3 million through a mediator.

Other Information

INSURER: Allied/Nationwide.