Mildred Torres and Richard Sornborger v. Xomox Corporation and Charles Lowe Company
Published: Aug. 20, 1994 | Result Date: Jul. 1, 1994 | Filing Date: Jan. 1, 1900 |Case number: C9302699 – $3,366,200
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Warren E. Platt
(Snell & Wilmer LLP)
Experts
Plaintiff
Thaddeus J. Whalen Jr.
(technical)
Kenneth Ziedman
(technical)
James L. Plummer
(technical)
Roberta L. Weiner
(technical)
Ronald Sato
(medical)
Defendant
Charles Morin
(technical)
Facts
On June 22, 1992, 43-year-old Plaintiff Richard Sornborger and 44-year-old Louis Torres were maintenance workers at a chemical processing plant in Martinez. They were repairing a leak on a pipeline which extended from a large tank containing sulfuric acid. It was necessary to remove a bracket from a valve manufactured by Defendant Xomox Corporation in order to gain access to a piece of the pipeline which needed to be replaced. Plaintiff and his co-worker were not aware that the same bolts which secured the bracket to the valve also held the cover of the valve in place. Therefore, when the bracket was removed, the cover of the valve came off releasing the contents of the tank through the valve. Louis Torres died of sulfuric acid burns over 95% of his body; he is survived by his wife and children, also Plaintiffs. The plant sustained approximately $20,000,000 in damage.
Settlement Discussions
Plaintiff Sornborger contends he demanded $2,100,000; The Torres Plaintiffs demanded $3,500,000; and Defendant offered nothing.
Specials in Evidence
$240,000 $95,000 $600,000
Injuries
Torres family: Death of spouse, father. Sornborger: Sulfuric acid burns over 95% of his body requiring 46 days in a burn unit with 3 skin graft surgeries; residual scarring and complete disability.
Deliberation
2.5 days
Poll
9-3
Length
3.5 weeks
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