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Personal Injury (Non-Vehicular)
Premises & Product Liability
Elevator

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

Richard F. Charvat

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Joshua M. Merliss
(Law Offices of Joshua M. Merliss)


Defendant

Jay Picking

Scott A. Freedman
(Southern California Gas Co)

Michael D. Doran


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


#77917

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