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Personal Injury (Non-Vehicular)
Work Site Accident
Negligence

Farfan v. Home Depot, USA

Published: Feb. 17, 2000 | Result Date: Dec. 19, 1999 |

Case number: A374029 Verdict –  $603,709

Judge

Stephen Huffaker

Court

Clark County District, Nevada


Attorneys

Plaintiff

Herbert L. Michel Jr.


Defendant

Alan L. Westbrook

Victor A. Perry


Facts

Defendant's employee, while working in the course and scope of employment, attempted to retrieve a table from an overhead storage bin in a warehouse area. The employee swung around and the table fell and struck the plaintiff in the arm. The plaintiff was a 45-year-old, renowned trapeze artist/aerialist.

Settlement Discussions

The plaintiff demanded $300,000. The defendant offered $100,000.

Specials in Evidence

$97,000. In earnings: $303,000.

Injuries

Carpal tunnel syndrome, cubital tunnel syndrome and neck and back problems.

Other Information

The court granted plaintiff's post-judgment motion for costs for $29,650 and prejudgment interest of $69,850. Plaintiff's expert believed that the force of impact was akin to dropping a 19 pound bowling ball on a person's head from a 4 feet distance. Defendant's expert felt that plaintiff's carpal and cubital tunnel syndromes were pre-existing conditions and that plaintiff suffered no other injuries because she did not complain about her head an back for a year after the incident. Moreover, a year after the accident, plaintiff was able to touch the palms of her hand to the floor.

Poll

unanimous

Length

six days


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