Allan Pronovost, Mary Pronovost v. Corovan Corporation, Klose Construction & Fabrication Inc. dba BBQ Pits by Klose, CRST Specialized Transpiration Inc., Mike Muttoni
Published: Mar. 8, 2019 | Result Date: May 17, 2018 |Case number: 37-2017-00003423-CU-PO-CTL Settlement – $4,875,000
Judge
Court
San Diego County Superior Court
Attorneys
Plaintiff
David A. Fox
(Fox Law APC)
Christopher L. Hendricks
(Fox Law APC)
Defendant
Michael P. Fullam
(Lewis, Brisbois, Bisgaard & Smith LLP)
for Corovan Corporation, Mike Muttoni
Heidi S. Inman
(Lewis, Brisbois, Bisgaard & Smith LLP)
for Corovan Corporation, Mike Muttoni
Douglas W. Lewis
(Lewis, Brisbois, Bisgaard & Smith LLP)
for Corovan Corporation, Mike Muttoni
Facts
Allan and Mary Pronovost filed a lawsuit against Corovan Corp., the delivery company, Klose Construction & Fabrication Inc. d/b/a BBQ Pits by Klose, the manufacturer of the smoker/barbeque, CRST Specialized Transpiration Inc., an intermediary delivery company, and Mike Muttoni, the supervisor of Corovan's delivery personnel, in relation to an incident that occurred during the delivery of a large smoker/barbeque.
Contentions
PLAINTIFFS' CONTENTIONS: Pronovost contended that when Corovan was delivering the smoker, it fell off the delivery truck and landed on him. He contended he sustained injuries to his chest, back, shoulder and leg as a result. He sued for negligence and also claimed that Muttoni and Corovan failed to properly train and supervise the delivery personnel and that Corovan failed to follow safety protocol for large items. Additionally, Pronovost claimed that Klose was liable for manufacturing a top-heavy smoker. Similarly, Mary claimed negligent infliction of emotional distress and loss of consortium.
DEFENDANTS' CONTENTIONS: Corovan and Muttoni contended that Pronovost was negligent because he was too close to the smoker while it was being delivered.
Result
The parties reached a settlement agreement for $4,875,000.
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