Barbara and Greg McAree v. California Custom Lift, Inc., et al.
Published: Feb. 17, 1996 | Result Date: Jan. 12, 1996 | Filing Date: Jan. 1, 1900 |Case number: 681479 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Patrick E. Catalano
(Catalano & Catalano)
Defendant
Experts
Plaintiff
Paul D. Murphy
(Murphy Rosen LLP)
(medical)
Robert E. Smith
(technical)
Defendant
William Retter
(medical)
Maurice Scott
(technical)
Facts
On February 20, 1994, the plaintiff wife Barbara McAree, a 34-year-old homemaker, allegedly placed a vacuum nozzle in the dumbwaiter and sent it to the master bedroom (where she intended to vacuum). The plaintiff wife alleged that she carried the 30 foot vacuum hose over her right shoulder and up the stairs to her bedroom. The plaintiff wife contended that when she reached into the dumbwaiter to removed the vacuum nozzle, the dumbwaiter descended and struck her left hand. The plaintiff wife also contended that the design, manufacture and installation of the custom lift were done in a negligent manner and that the plaintiff wife was not adequately informed of the hazards or the proper use of the dumbwaiter. The plaintiff husband claimed to have suffered loss of consortium. The defendant, California Custom Lift, denied any liability for the plaintiff wife's alleged injuries and alleged unforeseeable misuse of the product.
Settlement Discussions
The plaintiff made a $700,000 settlement demand. The demand was reduced to $250,000 at trial. The defendant made a C.C.P. º998 offer of compromise for $60,000, which was withdrawn prior to trial.
Injuries
The plaintiff wife alleged that she sustained a hand injury requiring multiple surgeries and rehabilitation as a result of the accident.
Other Information
The verdict was reached approximately one year and four months after the case was filed.
Deliberation
5+ hours
Poll
special verdict
Length
4 days
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