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Personal Injury (Non-Vehicular)
Elevator
Excessive Force

Carlos Vasquez v. Armor Elevator Company

Published: Oct. 23, 1993 | Result Date: Oct. 4, 1993 | Filing Date: Jan. 1, 1900 |

Case number: VC000346 –  $0

Judge

John R. Stanton

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Richard S. DeBro


Defendant

Michael J. Danner
(Law Offices of Michael J. Danner)


Experts

Plaintiff

Michael D. Roback
(medical)

Vernon P. Keller
(technical)

Defendant

Harold D. Carr
(technical)

Jack L. Vandernoot
(medical)

Facts

The date of accident was June 8, 1989. The Plaintiff's age was 41, and he was a janitor. The Plaintiff contended that the elevator was negligently maintained in that it was susceptible to a phenomena known as radio interference or electronic noise; and Armor should have corrected the problem by installing line filters or radio suppression devices. The Plaintiff contended that, because of this negligent maintenance, he was caused to suffer various injuries as a result of the elevator jolting to an unexpected stop after acting erratically. The Defendant contended that the elevator did not act erratically on the date of the accident; and if it did so, it was not the type of event that could have caused such serious injuries to the Plaintiff. Defendant Armor Elevator Company had installed various filters and suppressors to eliminate the so-called electronic noise or radio interference. Defendant also contended that the Plaintiff was a malingerer who had been told by three other doctors that he was fully capable of returning to work as a janitor at Downey Community Hospital; the Plaintiff did not have a herniated disc and did not have a torn medial meniscus; there was no need for any surgery to this Plaintiff.

Settlement Discussions

Defendant contends they offered $10,000 and Plaintiff demanded $25,000.

Specials in Evidence

$24,000 $65,000 $50,000

Injuries

Herniated lumbar disc requiring future surgeries; torn medial meniscus of the right knee requiring future surgery.

Deliberation

4 hours

Poll

12-0

Length

4 days


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