Carlos Morales v. Keller Industries
Published: Sep. 18, 1993 | Result Date: Aug. 25, 1993 | Filing Date: Jan. 1, 1900 |Case number: 108117 Verdict – $156,000
Judge
Court
Merced Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gerald D. Martin
(technical)
Michael Tatoyan
(technical)
Gene Gonzales
(technical)
Mark Via
(medical)
Defendant
Jon B. Ver Halen
(technical)
Facts
On December 18, 1991, Plaintiff Carlos Morales was employed by Hancock Homes as a working foreman. Approximately one year prior to the injury, Plaintiff, in his capacity as a foreman, had purchased an 8-foot Keller , Type 1A, heavy duty fiberglass ladder, manufactured by the Defendant. The ladder was primarily used by the Plaintiff in inspecting the completed tasks of the workmen and by county building inspectors to insure compliance with the building codes. Plaintiff was inspecting a roof which had been leaking, when he stepped on the seventh step of the A-frame ladder, which gave way underneath his weight. The rivets either severed or were pulled out from one side of the ladder. The rivets were never found. Plaintiff fell to the cement patio below, fracturing his right elbow. At the time of the injury, Plaintiff was 39 years of age.
Settlement Discussions
Plaintiff contends they made no demands and Defendant offered "Defense costs."
Specials in Evidence
$15,000 $54,000 $33,000 $3,000
Injuries
Fractured right major elbow requiring open reduction internal fixation resulting in approximately 20% loss of extension and 30% loss of flexion; future surgery may be required to remove the hardware. Plaintiff was unable to return to his occupation as a carpenter and required rehabilitation.
Deliberation
10 hours
Poll
9-3
Length
6 days
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