Mark Moore v. Emerson Electric Company, et al.
Published: Mar. 8, 1997 | Result Date: Dec. 20, 1996 | Filing Date: Jan. 1, 1900 |Case number: 74557 – $0
Judge
Court
Imperial Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Theodore Koppenaal
(technical)
Richard G. Whalley
(technical)
Richard D. Jones
(Jones Mayer)
(technical)
Michael K. Nakada
(technical)
Veerinder S. Anand
(medical)
Defendant
Charles Morin
(technical)
Robert K. Athy
(technical)
Tom Schmitt
(technical)
Facts
On June 20, 1991, plaintiff Mark Moore, a 32-year-old cable installer, was on the job disconnecting cable service in a customer's home in Holtsville. After setting up the 28-foot extension ladder manufactured by Louisville Ladder Division - Emerson Electric Company, the plaintiff intended to perform his work at 22 feet off the ground. While ascending the ladder at approximately 15 feet, the plaintiff alleged that the right rung lock fractured, causing the ladder to tilt to the right and fall. The plaintiff brought this action against the defendants based on a product liability theory of recovery.
Specials in Evidence
$15,677.79 $478,990 to $720,873
Injuries
The plaintiff claimed he suffered from multiple traumatic injuries creating cervical sprain and strain, spondololothesis, shoulder sprain, back sprain, groin injury, headaches and vertigo. The plaintiff also claimed that an MRI established a bulging disc and discogenic disease at C5-6.
Other Information
The verdict was reached approximately four years and six months after the case was filed. EXPERT TESTIMONY: Plaintiffs expert Richard Jones, an expert in vocational rehabilitation, testified that the plaintiff could be employed in semi-sedentary positions, earning $4 to $8 per hour. As a result of the plaintiff's discogenic disease, plaintiff expert Dr. Veerdinder Anand opined that the plaintiff could no longer work as a cable installer and that the plaintiff would require future surgery. A set-up of the ladder was performed on the flag pole in front of the court house as a demonstration to the jury.
Deliberation
1 day
Poll
10-2 (defective design); 9-3 (defect in manufacture)
Length
8 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390