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Personal Injury (Non-Vehicular)
Product Liability
Heavy Equipment Accident

James Noble v. DW Equipment, Inc. dba Ditch Witch of Southern Arizona; Charles Machine Works, Inc.

Published: Jun. 17, 1995 | Result Date: Jun. 5, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 300113 –  $4,400,000

Judge

Bernardo P. Velasco

Court

Pima Superior


Attorneys

Plaintiff

Philip J. Hall

Gerald Maltz


Defendant

David E. Hill

Tom Althaus


Experts

Plaintiff

Dan Horton
(technical)

Vaughn Adams
(technical)

Defendant

Carl Nida
(technical)

Juan Herrera
(technical)

Facts

On January 10, 1994, Plaintiff Jimmy Noble, a 33-year-old underground construction foreman, was struck in the chest by a 4-foot steel rod from a Ditch Witch P-80 boring machine which was being operated as part of a sales demonstration by Defendant Ditch Witch of Arizona for Plaintiff's employer. Mr. Noble had been a foreman for 3 to 4 years and was in charge of safety on the job site. Ditch Witch products are manufactured by Defendant Charles Machine Works.

Settlement Discussions

Plaintiff contends his last pretrial demand was $3,600,000 or $2,000,000 if the Workers' compensation lien and future credit were waived or significantly compromised; and Defendants' last pretrial offer was $900,000. Defendant contends that, 2 days before trial, Plaintiff demanded $2,450,000 from Defendant DW Equipment.

Specials in Evidence

$97,000 $13,125 $350,000 to $590,000 (per Plaintiff) $1,000,000 (per Defendant) $767,000 (per Plaintiff) $1,500,000 (per Defendant)

Injuries

Chest trauma causing massive heart attack and severe cardiac contusion irreversibly damaging the main pumping chamber of the heart and a major artery; Plaintiff will require a heart transplant within the next 5 years. Treatments and/or surgeries to date were not disclosed. Plaintiff's 31-year-old wife, Kelly, and his 4-year-old twin sons, Josh and Corey, claimed loss of companionship and consortium injuries.

Deliberation

5 hours

Poll

unanimous

Length

7.5 days


#124406

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