Frank Balisteri v. MAR-CO Equipment Company, et al.
Published: Feb. 18, 1995 | Result Date: Nov. 22, 1994 | Filing Date: Jan. 1, 1900 |Case number: 668094 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Rob G. Leach
(Charmasson, Buchaca & Leach, LLP)
Experts
Plaintiff
Joseph E. Matranga
(technical)
Richard J. Hornick
(technical)
Geoffrey A. Smith
(medical)
Elizabeth D. Miller
(medical)
Defendant
Thomas L. Black
(technical)
Stephen A. Ornish
(medical)
Facts
Plaintiff Frank Balisteri, a 52-year-old warehouseman, worked at Crest Beverage which purchased an AAR sweeper/scrubber machine from Defendant MAR-CO Equipment Company, in 1988. The machine is similar to a small street scrubber machine and uses cleanser with water to clean floors. Beginning in 1991, Defendant MAR-CO began providing Crest with "Tuff-Scrub" cleanser. The Tuff-Scrub came in a 55-gallon drum with a warning label stating "corrosive." The Tuff-Scrub product label also lists warnings and instructs the user to consult the material safety data sheet (MSDS) which came with every drum. The MSDS warns the user not to come into contact with the cleanser and to use protective gear such as goggles, boots, gloves, a respirator, and a splash apron. On August 26, 1992, Plaintiff was going to fill the scrubber machine. He placed the Tuff-Scrub into a plastic bucket similar to a waste basket and was about to pour the bucket contents into the machine's solution tank. The bucket had no handles. While pumping the corrosive cleanser into the bucket, Plaintiff got some of it on his hands. The cleanser is a slippery soap. While taking the Tuff-Scrub to the scrubber machine, Plaintiff also dropped the bucket, splashing the cleanser onto his face. Plaintiff was not wearing any protective gear.
Settlement Discussions
Defendants contend they each offered $2,500 ($5,000 total) and Plaintiff demanded $50,000 from AAR and $35,000 from MAR-CO ($85,000 total).
Specials in Evidence
$20,500 $327,946 $100,000
Damages
$7,800 personal services
Injuries
Corrosive burn injuries to face, eyes, and throat requiring emergent care; residual and permanent eye dryness requiring future surgery; depression and post traumatic stress disorder requiring psychotherapy.
Deliberation
6 hours
Poll
12-0
Length
6 days
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