Confidential
Settlement – $775,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Nancy N. Potter
(Murchison & Cumming)
Mark C. Waterman
(Dimaculangan & Associates)
Experts
Plaintiff
Robert F. Foran
(medical)
Robert J. Cunitz
(technical)
Gary L. Buffington
(technical)
Defendant
Robert Wilson
(technical)
Martin M. Balaban Ph.D.
(technical)
Facts
The plaintiff, a 50-year-old baggage handler employed by Delta, was helping his nephew clear out a house and
had rented a roll off bin through the defendant hauling company.
When the truck driver arrived with the bin, he experienced trouble navigating backwards into the driveway,
and the plaintiff assisted him with hand signals.
The driver signaled that he had finished moving, and the plaintiff then walked between the truck and the bin to
unhook it.
At that the truck lurched forward, and dragged the bin over the plaintiff's foot. The
plaintiff's leg had to be amputated beneath the knee.
Settlement Discussions
The plaintiff submitted a CCP Section 998 demands for $1,085,000.
Injuries
Amputation of leg below the knee and loss of consortium.
Other Information
The plaintiff's counsel successfully brought a Motion to have the issue of insurance coverage determined before the liability issue is tried. Cross-Motions for Summary Adjudication were then brought. The plaintiff argued that, despite the exclusion, the insurance policy did provide coverage on the theory of "concurrent causes," i.e. because there may also be a defect in the bin and the bin was covered, and the fact that the bin was pulled by the automobile did not eliminate coverage. The Court granted the plaintiff's motion and determined that coverage did exist. The defendant brought a writ and the case settled one day prior to trial.
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