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Personal Injury (Non-Vehicular)
Product Liability
Hoist

John Hernandez v. Robbins & Myers, et al.

Published: Feb. 19, 1994 | Result Date: Jan. 21, 1994 | Filing Date: Jan. 1, 1900 |

Case number: EAC72677 –  $0

Judge

Clifton L. Allen

Court

L.A. Superior Pomona


Attorneys

Plaintiff

R.J. Rodriguez Strotz


Defendant

Ulric N. Duverney


Experts

Plaintiff

Ben Hoiland
(technical)

Defendant

John Eby
(technical)

Dorothy W. Nelson
(technical)

Facts

On February 15, 1988, Plaintiff John Hernandez, a 39-year-old welder, suffered severe injuries when the 60-foot-long, 1,800-pound I-beam he was lifting, rattled loose from its rigging, and struck him. Rain had allegedly leaked through the roof of his employer's business and hit the electronic control panel of the hoist manufactured (in 1967-68) by Defendant Robins & Myers.

Settlement Discussions

Defendant contends they offered $50,000 and Plaintiff demanded $1,000,000.

Specials in Evidence

$120,000 $158,000 $376,911 $600,000 - $900,000

Injuries

Left leg fractures to the tibia and fibula, tear of the anterior cruciate ligament, torn medial collateral ligament, and torn lateral meniscus requiring multiple surgeries, current and future; soft tissue injuries to the neck, back, knee, and hip requiring physical therapy; emotional distress requiring counseling; Plaintiff claimed total disability.

Deliberation

4 hours

Poll

11-1

Length

9 days


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