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CONFIDENTIAL

Oct. 11, 1997

Insurance
Subrogation
Product Defects

Confidential

Settlement –  $501

Judge

Paul M. Bryant Jr.

Court

San Bernardino Superior


Attorneys

Plaintiff

Carl E.G. Arnold


Defendant

Daniel Lee Jacobson


Experts

Defendant

Ramesh J. Kar Ph.D., P.E., FASM, FACFE
(technical)

Manas Ucar
(technical)

Facts

The plaintiff insurance company paid its insured $149,800.90 for the cost of replacing an electrical discharge machine (EDM) and for the insured's alleged loss of business due to the destruction of the EDM by fire. The plaintiff insurance company then sued the EDM manufacturer, distributor and manufacturer of the oil allegedly used in the EDM. The plaintiff brought this action against the defendants based on strict liability, negligence and breach of express and implied warranty theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $149,800.90. The defendant oil manufacturer made a C.C.P. º998 offer of compromise for $501.

Other Information

The settlement was reached approximately one year and five months after the case was filed.


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