James Kim and Alfredo Murguia v. Suburban Propane
Published: Jul. 12, 1997 | Result Date: May 30, 1997 | Filing Date: Jan. 1, 1900 |Case number: CV744671 Verdict – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert E. Lowenstein
(medical)
Martin J. Siegel
(technical)
Defendant
John Freeman
(technical)
Facts
On Oct. 22, 1993, plaintiff James Kim, a 41-year-old president of an agricultural corporation and financier, requested that defendant Suburban Propane install a propane heater in a greenhouse owned by plaintiff Kim. Defendant Suburban did not have the requested heater and therefore installed a large portable propane heater as a temporary measure. When plaintiff Kim and plaintiff Alfredo Murguia, a 33-year-old laborer, entered the greenhouse on the morning of the accident, the propane heater exploded. The plaintiffs brought this action against the defendant based on negligence and product liability theories of recovery.
Settlement Discussions
Per the defendant, the plaintiffs made a C.C.P. º998 settlement demand for $3 million, reduced to $750,000 and again to $350,000 at the MSC. The defendant made a C.C.P. º998 offer of compromise for $50,000, raised to $70,000 at the MSC.
Specials in Evidence
$57,000 (plaintiff Kim); $2,800 (plaintiff Murguia)
Damages
Plaintiff Kim dropped his claim for loss of earnings and future earning capacity before trial. Plaintiff Murguia asked for less than $10,000 in loss of earnings and future earnings. At trial, plaintiff Kim demanded $500,000 to $750,000 and Murguia demanded $400,000 to $500,000.
Injuries
Plaintiff Kim claimed he suffered second- and third-degree burns. Plaintiff Murguia claimed he suffered second-degree burns.
Other Information
The verdict was reached approximately two years and seven months after the case was filed. An arbitration was held before Kathryn Brunner, resulting in a $7,500 award to plaintiff Murguia and a defense award on plaintiff Kim's claims (plaintiff Kim failed to appear at the arbitration). The plaintiffs requested a trial de novo. A mandatory settlement conference was held on May 14, 1997. It did not resolve the matter.
Deliberation
1½ days
Poll
9-3
Length
6 days
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