This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Nov. 23, 1996

Personal Injury (Vehicular)
Product Liability
Breach of Warranty

Confidential

Settlement –  $395,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Arthur Chambers

Robert A. Brenner
(Law Office of Robert A. Brenner)


Defendant

Eugene M. Genson


Facts

On March 18, 1995, the major plaintiff, a 35-year-old freelance gaffer for the movie industry, was competing in a road race at Willow Springs Race Track. An oil filter that was manufactured by the defendant, a Korean company, was installed on another competitor's motorcycle. The oil filter blew off because of failed attachment-threads. The filter separated from the motorcycle causing that motorcycle to lose all of its oil. The oil was deposited on the racetrack, causing five other motorcycles to crash because of the slippery condition. The crash occurred at one of the fastest places on the track. When the major plaintiff hit the oil-slick along with other trailing motorcyclists, he and they lost control and crashed. The major plaintiff suffered serious personal injuries and property damage to his custom-built racing motorcycle. The other plaintiff riders suffered minor personal injuries and their motorcycles were destroyed. The oil filter which caused the accident had been recalled for this same problem prior to this incident. The plaintiffs, the three riders, brought this action against the manufacturer of the filter and the retail seller based on negligence and product liability theories of recovery.

Settlement Discussions

The plaintiffs made an initial settlement demand for $500,000. The defendants made an initial offer of compromise for $225,000.

Specials in Evidence

$53,000 $35,000 $ _______ $ ______

Injuries

The major plaintiff alleged he suffered multiple fractures, a closed head injury, blunt trauma injury to the heart and loss of his spleen.

Other Information

The settlement was reached approximately six months after the case was filed.


#85152

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390