Robert Woods v. Gulfstream Aerospace Corp.
Published: Feb. 14, 1998 | Result Date: Jan. 22, 1998 | Filing Date: Jan. 1, 1900 |Case number: NC018058 Verdict – $0
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Barry B. Novack
(Law Office of Barry B. Novack)
Defendant
Experts
Plaintiff
Peter R. Leffe
(technical)
Charles S. Lane
(medical)
Defendant
H. Richard Johnson
(technical)
Facts
On Dec. 27, 1994, plaintiff Robert Woods, a 45-year-old chief pilot for The David Geffen Company (now Dreamworks), had just piloted David Geffen's $30 million Gulfstream G-IV corporate jet to the Fort Lauderdale, Fla. International Airport. He lowered the folding airstairs and disembarked from the aircraft. As he reached the last stair, he lost his balance, reaching back for a handrail to stabilize himself. Because of the design of the airstairs, the railing only extended down one-third of the way on the right and half of the way of the left side of the airstairs. Plaintiff struck the tarmac with his right hand outstretched, causing a comminuted fracture of his right dominant wrist that was reduced without surgery. To meet the new FAA emergency exit requirements, the forward handrail on the G-IV airstairs was truncated 20 inches. Prior Gulfstream aircraft (G-I, G-II, G-III) had equal length handrails. Per plaintiff, the airstairs had nine stairs with tread width and riser heights that were substandard as compared to the UBC Code. Gulfstream provided a removable extension to the handrail but only told customers who outfitted at Gulfstream facilities about the extension. The plaintiff brought this product liability action against the defendant based on a design defect theory of recovery.
Settlement Discussions
The plaintiff made a pre-trial settlement demand for $50,000 exclusive of a $17,000 workers' compensation lien. The defendant offered less than $30,000.
Specials in Evidence
$5,524 $18,782 (plaintiff was off work on light duty for 10 weeks before returning to full-time employment as chief pilot for the Geffen Company and subsequently for Dreamworks). $5,000
Damages
The plaintiff claimed future loss of earning capacity and loss of use of a life-time golf membership worth $27,500.
Injuries
The plaintiff suffered a comminuted fracture of his right dominant wrist.
Other Information
ARBITRATION: An arbitration was held on April 14, 1997, before D. Sterry Fagan resulting in a defense award. The plaintiff requested a trial de novo. EXPERT TESTIMONY: Plaintiff's treating hand surgeon testified that plaintifff is starting to develop arthritis which, at some time in the future, may become disabling. The verdict was reached approximately two years and one month after the case was filed. Plaintiff believed this to be the first verdict against Gulfstream on a product defect case, especially one involving the airstairs.
Deliberation
four hours
Poll
10-2 (plaintiff's counsel reported that the jury found the G-IV Airstairs defective on both the consumer expectation test and risk-benefit analysis)
Length
six days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390