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CONFIDENTIAL

Feb. 22, 1997

Personal Injury (Non-Vehicular)
Product Liability
Strict Liability

Confidential

Settlement –  $156,000

Court

L.A. Superior Pomona


Attorneys

Plaintiff

David C. Byers


Defendant

James Fritz


Experts

Plaintiff

Ronald B. Harper
(technical)

Ramana G.V. Rao
(medical)

Richard J. Feldman
(medical)

Richard E. Grossman
(technical)

Defendant

J. Edson McCase
(technical)

Steven Molina Ph.D.
(technical)

Hugh Grow
(technical)

Facts

In May 1994, the plaintiff, a 34-year-old arborist, was assisting another man in trying to back a self-propelled Promark stumpgrinder out of a planter box. A chip deflector flap on the machine got caught on the wall/wheel of the machine. The plaintiff reached down to free up the flap, and his hand was hit by the grinding wheel of the machine. The plaintiff brought this action against the machine manufacturer and its parent company based on negligence and strict liability theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $______________. The defendant made a C.C.P. º998 offer of compromise for $______________ .

Specials in Evidence

$18,000 approximately $10,000 $______________ $______________

Injuries

The plaintiff alleged he suffered traumatic amputation of the two fingers.

Other Information

The settlement was reached approximately one year and eleven months after the case was filed. A settlement conference was held on Jan. 13, 1997 before Judge Robert Dukes of Pomona Superior Court resulting in discussions that ultimately led to the reported settlement.


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