Miguel A. Gutierrez v. State Pipe & Supply Co.
Published: Jun. 14, 1997 | Result Date: Apr. 11, 1997 | Filing Date: Jan. 1, 1900 |Case number: 10896 Verdict – $3,975,000
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
John M. Coleman
(Coleman & Associates Lawyers)
Experts
Plaintiff
Jack M. East
(technical)
Jacob E. Tauber M.D.
(medical)
V. Paul Herbert C.P.S.A.
(technical)
Keith E. Vinnecour M.D.
(medical)
Defendant
William Conklin
(medical)
Robert Coulter
(technical)
Phillip J. Kanter
(medical)
H. Frank Entwisle
(technical)
Facts
On March 24, 1993, plaintiff Miguel A. Gutierrez, a 33-year-old truck driver, was engaging in a process known as a "drop-and-swap." The plaintiff transported a full load of pipes from a facility in Fontana to defendant State Pipe & Supply Company's facility in Rialto. The plaintiff dropped the trailer with the full load of pipes, unhooked his tractor and re-attached it to an adjacent empty trailer. He was in the process of securing the empty trailer for removal from the defendant's yard and was between the loaded and unloaded trailers, tying down pieces of wood that were loose on top of the empty flatbed trailer. While the plaintiff was securing the wood pieces, the defendant forklift operator, Robert Gene Smith, began to off-load several bundles of pipe from the loaded trailer without having actual knowledge that the plaintiff was between the two trailers. Rather than smoothly inserting the forks between the several layers of pipe on the loaded trailer, defendant Smith struck the top layer of pipe, pushing a bundle of pipes weighing one ton onto the plaintiff and injuring him. The plaintiff brought this action against State Pipe & Supply Company and its forklift operator based on negligence and respondeat superior theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $1 million (policy limits), raised to $1.8 million. The defendants made a C.C.P. º998 offer of compromise for $450,000.
Specials in Evidence
$145,000 $_____________ $_____________ $500,000 (per the plaintiff); $178,000 (per the defendants)
Injuries
The plaintiff claimed he suffered injuries requiring below-the-knee amputation of his right leg, and crush injuries to his left lower leg, including a collapsed foot, a comminuted tibial fracture, a fracture of the tibial plateau, requiring surgery and internal fixation, and an internal derangement of his left knee. The plaintiff claimed he will require knee replacement surgery within the next 15 years, as well as surgery to his left foot.
Other Information
The verdict was reached approximately three years and one month after the case was filed. A settlement conference was held on June 21, 1996 before Ross Bigelow of JAMS/Endispute. It did not resolve the matter. The plaintiff settled with a co-defendant before trial for $100,000. The court held an evidentiary hearing concerning the testimony of the plaintiff's former roommate. Defense counsel claimed the testimony offered severely impeached the testimony of the plaintiff and included alleged death threats made to the witness by the plaintiff and the plaintiff's former counsel should the witness testify in this action. The witness appeared in court with retained counsel requesting a protective order. The court denied the request for protective order and precluded the testimony of the witness. Defense counsel claimed the court also precluded the introduction of evidence concerning future medical treatment in El Salvador currency.
Deliberation
3 days
Poll
12-0 (liability), 9-3 (contributory negligence), 12-0 (damages)
Length
14 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390