Jacob Munoz, Consuelo Munoz v. Sierra Autocars, Power Lift, Rol-Lift, et al.
Published: Mar. 16, 2004 | Result Date: Feb. 10, 2004 | Filing Date: Jan. 1, 1900 |Case number: GC024081 Verdict – $12,241,400
Judge
Court
L.A. Superior Alhambra
Attorneys
Plaintiff
John C. Taylor
(Taylor & Ring LLP)
Defendant
Sherry L. Grguric
(Kuluva, Armijo & Garcia)
Daniel R. Friedenthal
(Friedenthal, Heffernan & Brown LLP)
Experts
Plaintiff
William Rosenbluth
(technical)
Joyce Elaine Pickersgill
(technical)
Sharon K. Kawai M.D.
(medical)
Leonard N. Matheson M.D.
(technical)
Lester M. Zackler M.D.
(medical)
Vaughn Adams
(technical)
Defendant
Walter Girardi
(technical)
Russell Rasnic
(technical)
Thomas L. Hedge Jr., M.D.
(medical)
Ted Vavoulis
(technical)
Edward L. Workman
(technical)
Facts
On July 12, 1999, the plaintiff Jacob Munoz, age 42, was paralyzed after a power stacker forklift manufactured by Rol-Lift and repaired by Power Lift fell on him and crushed him while he was on the premises of Sierra Autocars making a delivery.
Settlement Discussions
During trial, the plaintiff demanded $5 million from Power Lift. Power Lift offered $1,250,000 while the jury was deliberating.
Specials in Evidence
$451,915 $155,598 $471,919 $9 million approximately for lifetime care
Injuries
The plaintiff was rendered a T5 paraplegic and suffers from chronic pain in his back and legs.
Result
A verdict was issued against the defendant Power Lift for $12,241,432 for Jacob Munoz and $750,000 for Consuelo Munoz for loss of consortium. The amount for Consuelo Munoz had already been reduced by the jury by 15 percent for the plaintiff's comparative fault. After credits and offset amounts, the total net judgment to the plaintiffs was approximately $5.5 million. The plaintiffs settled with Rol-Lift during trial for $650,000 and, in February 2003, with the defendant Sierra Autocars for $5.6 million.
Other Information
The jury assigned fault as follows: Power Lift, 54%; Rol-Lift, 0%; Sierra Autocars, 30%; Jacob Munoz, 15% and Jacob Munoz's employer, 1%,
Deliberation
10 hours
Length
35 days
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