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Personal Injury (Non-Vehicular)
Product Liability
Dangerous Condition

Jeffrey Phillips v. Aircap Industries, et al.

Published: Mar. 30, 1995 | Result Date: Feb. 1, 1995 |

Case number: BC088392 –  $0

Judge

Madeleine I. Flier

Court

L.A. Superior Central


Attorneys

Plaintiff

Timothy Clifford Riley


Defendant

Stephen M. Harber
(McCune & Harber LLP)

Thomas S. Pilchowski


Facts

On September 7, 1992, Plaintiff Jeffrey Phillips, a 26-year-old shipping clerk, was cutting his lawn with an MTD/Aircap lawn mower manufactured by Defendant Aircap Industries and equipped with a Briggs & Stratton engine manufactured by the second Defendant. Plaintiff allegedly released the stop bar, causing the engine to die. When he reached down to remove the grass catcher bag, the engine allegedly self-started, and amputated three fingertips.

Settlement Discussions

Defendants contend they made no offers and Plaintiff demanded $750,000 prior to trial. Plaintiff contends Defendant MTD/Aircap offered $1,000 provided Plaintiff returned the lawnmower and dismiss this action.

Specials in Evidence

not disclosed not disclosed

Injuries

Traumatic amputation of three fingertips of the right hand requiring debridement and closure.

Deliberation

3 hours

Poll

10-2

Length

3 weeks


#126385

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