Charles A. Williams v. Malcolm Drilling Co., et al.
Published: Oct. 19, 2000 | Result Date: Jun. 5, 2000 |Case number: SC055214 Verdict – $25,346
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Rene M. Faucher
(Gray Duffy LLP)
Defendant
Charles L. Harris
(Lewis, Brisbois, Bisgaard & Smith LLP)
Facts
The defendantÆs employee was operating a forklift. The forklift experienced mechanical failure while ascending a
steep grade and rolled back, striking the plaintiffÆs vehicle, a Caterpillar front loader. The defendants stipulated
to liability. The forklift was owned by Northridge Equipment.
The plaintiff contended that the accident caused a traumatically torn rotator cuff which precluded the plaintiff
from working as a heavy equipment operator.
The defendant contended that the plaintiff returned to work after the accident, sought other employment after
the accident and was able to return to work after the accident despite the fact that he did have his torn rotator
cuff repaired.
Settlement Discussions
The plaintiff made a demand of $527,999.99. The defendant offered $100,000.
Specials in Evidence
$24,830 $84,216 $246,634 $12,000
Injuries
The plaintiff claimed torn rotator cuff as a result of the accident.
Other Information
<M>A mediation was held before Eric Younger from ADR Services Inc.</M>
Deliberation
four hours
Poll
10-2
Length
six days
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