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Personal Injury
Product Liability
Defective Design

Russell Rosenthal v. Rapistan Systems

Published: Dec. 17, 2002 | Result Date: Oct. 30, 2002 | Filing Date: Jan. 1, 1900 |

Case number: 01CC11912 Verdict –  $0

Judge

Derek W. Hunt

Court

Orange Superior


Attorneys

Plaintiff

Steven W. O'Reilly


Defendant

Edward E. Dollar


Experts

Plaintiff

Brad P. Avrit P.E.
(technical)

Defendant

William R. Phelps
(technical)

Facts

While at his place of employment, the plaintiff picked up the edge of a moving conveyor belt to determine the
belt tension. The plaintiff failed to remove his hand from the moving belt before the belt ran around the head
roller causing the tips of two fingers to be de-gloved at the pinch-point. The plaintiff required surgery to
amputate the exposed bone at the two de-gloved fingertips.

Settlement Discussions

The plaintiff submitted a demand on the first morning of the trial of $35,000. The defendant made no offer.

Damages

Amputation of the tip of the middle and ring fingers on the right hand.

Other Information

The trial was bifurcated on the issues of liability and damages. The jury found in favor of the defendant on the issue of liability.

Deliberation

2.5 hours

Poll

12-0

Length

three days


#80942

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