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Real Property
Abandonment
Negligence

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

Lourdes G. Baird

Court

USDC Central


Attorneys

Plaintiff

Stuart M. Richter
(Katten, Muchin & Rosenman LLP)


Defendant

Casey T. Shim
(Office of the Los Angeles City Attorney)

Larry Donald Henson


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


#121887

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