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CONFIDENTIAL

Feb. 5, 1994

Personal Injury (Non-Vehicular)
Labor Code Violation
Punch Press

Confidential

Settlement –  $900,000

Judge

Arthur Jean Jr.

Court

L.A. Superior Central


Attorneys

Plaintiff

Pamela A. Withey


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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