Miguel Rodriguez v. Anderson Hydraulics, et al.
Published: Mar. 13, 1999 | Result Date: Sep. 2, 1998 | Filing Date: Jan. 1, 1900 |Case number: 778744 Verdict – $1,551,220
Judge
Court
Orange Superior
Attorneys
Plaintiff
Roger E. Booth
(Booth Law)
Defendant
Experts
Plaintiff
Sandra Schneider
(technical)
Richard Chandler
(technical)
Joyce Elaine Pickersgill
(technical)
Julio Taleisnik
(medical)
Defendant
William Kenton
(technical)
Steven Molina Ph.D.
(technical)
A. Jubin Merati Ph.D.
(technical)
Facts
On June 21, 1996, plaintiff Miguel Rodriguez, 38-years-old, who had been employed by his employer, Angelus Block Company, for 16 years was working on a machine which created concrete blocks. He was removing small rocks and debris from the machine when it suddenly came down on his hand, crushing it. The accident was due to the failure of a hydraulic cylinder that had recently been refurbished by the defendant Anderson Hydraulics. The machine was manufactured by another defendant, who settled prior to trial. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
A settlement conference was conducted before retired judge Bruce Sumner of JAMS/Endispute in Orange Superior Court, which resulted in a $125,000 settlement with the manufacturer plus a purchase of the worker's compensation lien for $65,000 (the lien was for $115,000 and included past medical bills). No settlement was reached with defendant Anderson Hydraulics, which offered $400,000 during trial pursuant to discussions held at time of trial with assistant presiding judge of the Orange Superior Court, Thomas N. Thrasher Jr. The plaintiff demanded $800,000. The plaintiff submitted a C.C.P. º998 offer to compromise approximately two months before trial to defendant Anderson Hydraulics for the policy limits of $1 million.
Specials in Evidence
$82,000 (paid by worker's compensation) $88,000 (according to the plaintiff) $621,223 (after offsetting minimal wage work on a sporadic basis that the plaintiff might perform in the future)
Injuries
The plaintiff suffered a severe crushing injury to his left hand, requiring four surgeries and leaving him with a non-functioning hand but no cosmetic deformity.
Other Information
The verdict was reached approximately one year and four months after the case was filed. The plaintiff filed a motion for C.C.P. º998 interest and expert expenses. EXPERT TESTIMONY: The plaintiff's rehabilitation expert testified that the plaintiff would be able to sporadically obtain minimum wage work and an offset in the amount of $150,000 - $230,000, was computed by the economist. The defense vocational rehabilitation expert contended that the plaintiff could work with one hand in various capacities, but his testimony was impeached by the testimony of an individual whom the expert claimed to have talked to at a rehabilitation school, which denied any such conversation, and agreed with the plaintiff's vocational rehabilitation expert. The plaintiff settled with Anderson Hydraulics for $1.2 million while post-trial motions were pending.
Deliberation
10 hours (according to the defendant), one day (according to the plaintiff)
Poll
12-0 (liability and economic damages), 11-1 (employer negligence), 10-2 (non-economic damages)
Length
10 days (according to the defendant), se
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