Confidential
Settlement – $1,650,000Facts
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
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