Confidential
Settlement – $900,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Thomas G. Oesterreich
(Judicate West)
Experts
Plaintiff
Jon B. Greenfield M.D.
(medical)
Raymond G. Schultz
(technical)
Paul F. Youngdahl
(technical)
Ron Rodriguez
(medical)
Abel Salazar
(technical)
Mark C. Mandel
(medical)
Defendant
Edward L. Workman
(technical)
Facts
On November 6, 1991, Plaintiff's hands were caught in the punch press which he was operating. Plaintiff was attempting to clear out scrap metal at the point of operation when a co-worker apparently bumped the foot pedal. Plaintiff was a 34-year-old punch press operator employed by Defendant. Prior to the accident date, Defendant installed a foot switch for use in place of dual palm buttons provided by the manufacturer.
Settlement Discussions
Offers and demands were not disclosed.
Specials in Evidence
$85,000 $350-600,000
Injuries
Amputation of all 5 fingers of the left major hand and partial amputation of the tip of one finger requiring debridement and closure surgeries; multiple fractures of 3 fingers of the right minor hand requiring reconstructive surgery; rotator cuff injury of the left shoulder with arthroscopic surgery indicated; severe emotional distress requiring therapy; Plaintiff will be unable to return to his former occupation.
Other Information
(1) A prior arbitration by Hon. Paul Egly, retired, resulted in a Plaintiff's net award of $953,000 (the gross award was $1,190,000 minus 20% comparative negligence by Plaintiff) against Defendant employer minus the $85,000 Workers comp lien to date; trial de novo by the employer. (2) Defendant manufacturer was dismissed on Summary Judgment for a waiver of costs.
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