Confidential
Settlement – $150,000Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jerold T. Litoff
(medical)
Defendant
Charles R. Sadler
(medical)
Facts
On January 5, 1994, the defendant delivered a 400 pound molding machine to the plaintiff's employer for modification. The molding machine had been loaded into a delivery van at the defendant's premises, but was not secured. When the plaintiff, a 28-year-old molder machinist, opened the van's rear door to unload the machine, it fell onto his right foot. The plaintiff brought this action based on negligence and res ipsa loquitur theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Specials in Evidence
$118,000 (workers' compensation lien)
Injuries
Crush injury (fracture) to right foot, with secondary infections requiring four hospitalizations and surgeries, including a right fourth toe amputation with a good surgical result and some residual gait impairment.
Other Information
The settlement was reached approximately eleven months after the case was filed. The defendant had policy limits of $100,000.
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