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Personal Injury (Vehicular)
Product Liability
Tractor

Lennie McLain v. Caterpillar Incorporated

Published: Oct. 23, 1993 | Result Date: Sep. 20, 1993 | Filing Date: Jan. 1, 1900 |

Case number: 521960 –  $1,631,700

Judge

Richard K. Park

Court

Sacramento Superior


Attorneys

Plaintiff

Robert Berke


Defendant

James C. Jones Jr.

Francis M. Goldsberry II


Experts

Plaintiff

Anne Missavage
(medical)

William Cruice
(technical)

Carol R. Hyland M.A.
(technical)

Kirk A. Blackerby
(technical)

Lewis Charles Barbe
(technical)

Defendant

Eugene Sweeney
(technical)

Charles Grawey
(technical)

Joseph Geirer
(technical)

Facts

On October 1, 1990, Plaintiff Lennie McLain, a 25-year-old heavy-equipment operator, was burned severely when a hydraulic hose on a tractor manufactured by Defendant Caterpillar, Inc., ruptured. When the hose carrying hydraulic fluid ruptured, hot hydraulic fluid sprayed in a mist on the driver and on hot engine components, setting the driver on fire.

Settlement Discussions

Plaintiff contends they demanded $1,700,000 reduced to $350,000 at trial and Defendant Caterpillar made no offer.

Specials in Evidence

$170,000 $82,406 $340,692 unknown

Injuries

Second and third degree burns requiring three skin graft surgeries, an ear construction surgery, and an extensive hospitalization.

Deliberation

2.5 days

Poll

12-0 negligence; 10-2 damages

Length

15 days


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