Facts

Plaintiff James Luis, 55, was an experienced trouble-shooter for machinery used in the beverage industry. On Aug. 7, 2018, he was inspecting an industrial beverage-filling machine at defendant's manufacturing facility. During the inspection, defendant's plant manager told her co-worker to turn on the machine without warning plaintiff. As a result, plaintiff's dominant right arm and hand were crushed.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that defendant's employee was negligent in turning on the machine without warning. Plaintiff further argued that the area where the inspection took place was missing a safety glass panel that defendant knew about but never replaced, which allowed a dangerous access point to the machine.

DEFENDANTS' CONTENTIONS: Defendant Dr. Smoothie Enterprises claimed that plaintiff was highly experienced and knew the risks of placing his hands in the machinery. Defendant Linker claimed the machine was safe and that Dr. Smoothie Enterprises' employees were negligent.

Settlement Discussions

The parties attended a mediation with Peter J. Searle, Esq., of Judicate West.

Specials in Evidence

Past Medical Costs: $121,655; Past Lost Earnings: $620,400

Injuries

Plaintiff suffered a de-gloving injury to his right forearm with exposed tendon and bone. He also had an avulsion to his right dominant hand with tendon exposure and a right lateral thumb laceration. He had a displaced facture of the proximal aspect of the first metacarpal and fourth metacarpal along with soft tissue defects of the forearm and wrist with nerve damage. Plaintiff underwent four surgeries between Aug. 7, 2018 and April 29, 2020. Plaintiff continued to have residual deficits in his right arm and hand including loss of strength, difficulty with fine motor skills and pain.

Result

The case settled for $4,050,000.