Otto Marx v. J.R. Concrete Pumping
Published: Feb. 27, 1999 | Result Date: Sep. 17, 1998 | Filing Date: Jan. 1, 1900 |Case number: 712402 – $340,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ken Orton
(technical)
Clark King
(medical)
William Kenton
(technical)
Roy Adkins
(medical)
Defendant
Jon B. McDowell
(technical)
Robert P. Weatherton
(technical)
Facts
Plaintiff Otto Marx, 49-years-old, was supervising a concrete pour and finishing of a pool deck at Conner's residence. Conner had retained the services of defendant J.R. Concrete Pumping to provide a concrete pump, hose and pump operator. Due to operator's inexperience with the pump, he was operating the pump at too high a speed. His failure to properly clean the hoses, as well as failure to properly prime the pump, caused the hose end to almost immediately up on start up, flew up flail and hit the plaintiff in the face at about 1,000 pounds per square inch. The end of the hose had a metal coupling approximately 1-inch thick greatly which damaged the plaintiff's face, teeth and jaw. The plaintiff stayed on-site for two more hours and finished the job before seeking medical treatment. The plaintiff brought this action against the defendant based on negligence and intentional tort theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $250,000. The defendant made a C.C.P. º998 offer of compromise for $25,000.
Specials in Evidence
$32,000 (medical and dental treatment in addition to pain, suffering, permanent loss of teeth) $7,000
Injuries
The plaintiff suffered traumatic loss of six permanent anterior teeth, severe TMJ injury and jaw displacement. He suffered scarring on his upper and lower lips, and an inability to achieve full occlussion of upper and lower teeth for 18 months. He has residual, severe migraines, has had several surgeries, and will undergo continuous orthodontic treatment for two years.
Other Information
Motions for new trial and judgment notwithstanding the verdict were denied. The defendant has filed an appeal.
Deliberation
three hours
Poll
12-0
Length
six days
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