Cardell Walder v. Farrel Corporation
Published: Mar. 5, 1994 | Result Date: Feb. 17, 1994 | Filing Date: Jan. 1, 1900 |Case number: VC009659 – $726,000
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Joshua M. Merliss
(Law Offices of Joshua M. Merliss)
Defendant
Experts
Plaintiff
Orrin Kohon
(technical)
David T. Barker
(technical)
Paul D. Arthur
(technical)
Charles T. Resnick
(medical)
Defendant
Paul F. Youngdahl
(technical)
Facts
On May 20, 1991, Plaintiff Cardell Walder, a 40-year-old laborer, was working at Pabco Paper Company in the City of Vernon. While working, he slipped in water or on paper on the floor and, while falling, his right arm was ingested by the unguarded, in-running nip point between the king and queen rolls (bottom two rolls) of paper calender manufactured by the Defendant Farrel-Birmingham Corporation (in 1936). After the accident, the Plaintiff's employer, Pabco Paper Company, was cited by O.S.H.A. for failing to have a guard on the machine. Plaintiff returned to work after two years to the same company in shipping and receiving, driving a forklift and with a raise in pay.
Settlement Discussions
Plaintiff contends they made a 998 demand of $100,000 and Defendant made a 998 offer of $15,000.
Specials in Evidence
$137,391 $44,800 $80,000 $110,000
Injuries
Degloving of the entire right upper extremity requiring multiple skin grafting surgeries; partial amputation of all fingers of the right hand requiring debridement and closure; lacerations of the biceps and brachialis muscles requiring surgery; pseudoaneurism of the right brachial artery requiring surgical repair; right shoulder dislocation and fracture requiring open reduction internal fixation; tibial plateau fracture of the right knee requiring open reduction internal fixation.
Other Information
Republic Indemnity, the Workers compensation carrier for the employer, did not file a lien or complaint in intervention; the employer to date has paid $183,190 in workers compensation benefits ($137,391 medical expenses; $36,335 temporary/permanent disability; and $3,636 rehabilitation).
Deliberation
1.5 day
Poll
9-3
Length
6 days
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