Kenneth Sidbeck v. Union Oil Company, et al.
Published: May 28, 1994 | Result Date: May 6, 1994 | Filing Date: Jan. 1, 1900 |Case number: NC001101 – $104,226
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Joshua M. Merliss
(Law Offices of Joshua M. Merliss)
Defendant
Scott A. Freedman
(Southern California Gas Co)
Experts
Plaintiff
Michael T. Schiffman
(medical)
Martin J. Siegel
(technical)
Defendant
Moulton K. Johnson
(medical)
George W. Harunk
(medical)
Walter Howard
(technical)
Maurice Scott
(technical)
Reinhard Biernat
(technical)
Facts
On August 4, 1989, Plaintiff Kenneth Sidbeck, a 41-year-old boilermaker-welder employed by Milco Constructors, was on the premises of Defendant Union Oil in Wilmington to do some welding on the fourth or fifth level of a cracking unit. After taking a break, the Plaintiff and his co-worker Jose Amaral, an employee of Western Industrial Maintenance acting as an elevator operator, entered the freight elevator to go back to work. The freight elevator had bi-parting, counterbalanced, and manually operated doors which opened and closed vertically by pulling on a strap attached to the bottom of the upper door. Plaintiff attempted to close the freight elevator doors by pulling down on the strap attached to the upper door; in the process his hands were crushed between the doors.
Settlement Discussions
Plaintiff contends his demand was a 998 in the amount of $50,000 and Western Industrial Maintenance offered $15,000 (no offers from the other Defendants).
Specials in Evidence
$11,800 $32,426
Injuries
Fractures of the right thumb and left, second metacarpal shaft requiring open reduction internal fixation; residual moderate rotational deformity of the left index finger.
Deliberation
1.5 days
Poll
12-0 liability in Plaintiffs favor against Union Oil and Western Industrial Maintenance, 9-3 damages, 12-0 in favor of Otis Elevator
Length
6.5 days
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