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Personal Injury (Non-Vehicular)
Product Liability
Wrongful Death

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

James J. Marchiano

Court

Contra Costa Superior


Attorneys

Plaintiff

Michael D. Meadows

P. Terry Anderlini


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


#125216

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