This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

May 2, 2004

Personal Injury
Product Liability
Negligence

Confidential

Settlement –  $1,650,000

Judge

Robert M. Letteau

Court

Confidential


Attorneys

Plaintiff

Stephen C. Gambardella

Robert A. Brenner
(Law Office of Robert A. Brenner)


Facts

The plaintiff, a 40-year-old male, was injured at the defendant gym on a weightlifting machine designed and manufactured by the defendant manufacturer. The incident occurred when the plaintiff had completed a lift of approximately 450 pounds when the weight fell, striking the plaintiff across the neck and throat. The plaintiff alleged theories of products liability and general negligence against the defendant equipment manufacturer for improper design, inadequate testing, inadequate warnings and instructions and defective parts and components. The plaintiff further alleged liability against the defendant gym alleging similar causes of action and, additionally, responsibility for negligently failing to remove the machine from service, even though they had actual notice of serious injuries suffered by another user sixteen months prior to the plaintiff's injury. The defendants contended that the plaintiff was attempting to lift more weight than he was capable of lifting and dropped the weight due to muscle fatigue and lack of a spotter.

Settlement Discussions

The plaintiff demanded C.C.P. Section 998 for $2 million from the defendant equipment manufacturer and $1 million from the defendant gymnasium. The case settled ultimately at $1,650,000, $450,000 being paid by the defendant gymnasium and $1,200,000 by the defendant manufacturer.

Specials in Evidence

$145,000 $250,000

Injuries

The plaintiff suffered a laryngeal fracture with airway obstruction and scarring, cricoid fracture, trachea fracture, thyroid cartilage fracture, vocal impairment, eating and swallowing impairment.

Other Information

REMOVE DEFENSE ATTORNEYS' NAMES BEFORE PUBLICATION


#127250

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390