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Personal Injury (Vehicular)
Forklift Accident
Pedestrian

Nazer Cortez v. King Breslin Trucking

Published: Oct. 16, 1993 | Result Date: Sep. 24, 1993 | Filing Date: Jan. 1, 1900 |

Case number: NC000392 –  $265,068

Judge

Norman W. Gordon

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Ronald S. Sofen


Defendant

Alexander M. Gelman


Experts

Plaintiff

Homer L. Williams
(medical)

Defendant

John L. Howard
(medical)

Facts

On June 1, 1989, Plaintiff Nazer Cortez was a 26-year-old male, employed as an independent trucker. Plaintiff was making a delivery to Defendant King Breslin Trucking, which operated a warehouse. Plaintiff backed his rig up to the loading dock and then watched the unloading process from the loading dock. An employee of the Defendant was unloading pallets from the container of Plaintiff's rig with a forklift. A large metal ramp, 40 inches by 48 inches and weighing over 100 pounds, was normally placed between the loading dock and the container, to allow the forklift access to the container. The ramp was not being used during the unloading of Plaintiff's container and was left on the loading dock, in the path of travel of the forklift.

Settlement Discussions

Plaintiff contends they made a 998 demand of $49,999 before trial and Defendants filed a 998 offer of $25,001 in 1990.

Specials in Evidence

$7,406 $7,662

Injuries

Fracture of the left talus requiring closed reduction and a six-week cast; residual pain and swelling impaired Plaintiff's gait requiring possible future medical treatments and/or surgeries.

Deliberation

1 day

Poll

12-0

Length

4 days


#121856

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