James Fitzmaurice v. Tex Mex Transportation, M.P. McCaffrey, Inc.
Published: Oct. 23, 1993 | Result Date: Sep. 13, 1993 | Filing Date: Jan. 1, 1900 |Case number: CV923710 – $234,579
Judge
Court
USDC Central
Attorneys
Plaintiff
Stuart M. Richter
(Katten, Muchin & Rosenman LLP)
Defendant
Casey T. Shim
(Office of the Los Angeles City Attorney)
Experts
Plaintiff
Stan Berkefeldt
(technical)
Defendant
Donald L. Asa
(technical)
Facts
On November 7, 1991, Plaintiff James Fitzmaurice's crane was in the process of being prepared for transport to a construction site in Mexico. Defendant Tex Mex Transportation's driver determined the crane was over-height and began letting air out of the tires on one side. Defendant McCaffrey's crane operator replaced the valves in the tires; and the crane fell over to the other side from the bed of Tex Mex's flat-bed truck. The crane was a total loss.
Settlement Discussions
Plaintiff demanded $75,000 to $100,000 from Defendant McCaffrey and Defendant McCaffrey offered $7,500. No offers or demands exchanged with Tex Mex. (Tex Mex's insurer had refused to defend or indemnify).
Damages
Crane value of $75,000 minus $7,500 salvage; lost profits and replacement of the crane valued at $167,078.
Other Information
Tex Mex and Plaintiff will each file suit against Tex Mex's insurer for all damages sustained and bad faith.
Deliberation
3 hour, 20 minutes
Poll
8-0
Length
5 days
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