Stanley Zolniekiewicz v. Powermatic, Division of DeVlieg-Bullard, Inc. & Biesemeyer Manufacturing Company
Published: Apr. 3, 1999 | Result Date: Jan. 22, 1999 | Filing Date: Jan. 1, 1900 |Case number: BC138281 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Nikki Tolt
(ACT Mediation)
Defendant
Experts
Plaintiff
Andre M.V. Chavez
(medical)
Milo Bell
(technical)
Bernd S. Givon
(technical)
Facts
On Nov. 4, 1994, plaintiff Stanley Zolniekiewicz, a 35-year-old woodworking craftsmen originally from Poland, was employed by Exhibit Crafts in Gardena, where he was engaged in the construction of exhibit booths for tradeshows. Exhibit Crafts owned four table saws, one of which was a 12 inch table saw manufactured by the defendant Powermatic, Division of DeVlieg-Bullard, Inc., which was guarded by an after market guard manufactured by the defendant, Biesemeyer Manufacturing Company. This guarding system was different from the guard which normally accompanies such a table saw in that it is installed from the right hand side of the saw, allowing protection of the blade for cuts that cannot normally be performed with the standard guard attached to the saw. The plaintiff was in the process of cutting a piece of formica into + inch strips and, after making 40 or 50 cuts, had material that was approximately 5+ inches wide. As he was sliding the 5+ feet wide piece of formica through the blade, his hand slipped into the blade of the saw lacerating the forefinger and the ring finger, as well as a portion of the index finger and little finger. The plaintiff brought this action against the defendants based on negligence and product liability.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $30,000 which was decreased to $18,000. Defendant Biesemeyer made a C.C.P. º998 offer of compromise for $10,000 and offered $3,000 at trial. The plaintiff settled separately with Powermatic (the manufacturer of the saw) for $3,000.
Specials in Evidence
$22,000 $12,000 $______ $______
Damages
$31,186.66 workers' compensation lien.
Injuries
The plaintiff has a loss of sensation of the tips of his ring finger, middle finger and index had to undergo four surgeries in order to maintain the fingers and avoid amputation.
Other Information
The case was filed on Nov. 1, 1995.
Deliberation
two hours and 45 minutes
Poll
9-3 (defective product), 9-3 (negligence)
Length
nine days
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