Jack Sperduto v. Senco Products, Inc.
Published: Jan. 31, 1998 | Result Date: Oct. 6, 1997 | Filing Date: Jan. 1, 1900 |Case number: L000904 Verdict – $1,200,000
Judge
Court
Solano Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Donald J. Myronuk
(technical)
Harold S. Orchow
(medical)
Defendant
Terry Keith
(technical)
Facts
On April 30, 1992, plaintiff Jack Sperduto, a 38-year-old framing contractor at Travis Air Force Base, was injured when a nail gun manufactured by defendant Senco Products fired a nail into his left hand. The gun was supposed to fire when the safety was depressed against something and the trigger is pulled at the same time. The plaintiff alleged the safety stuck and the gun fired a nail from some distance away from plaintiff's hand. The plaintiff brought this action against the defendant based on design defect and failure to warn theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $300,000, withdrawn, then raised to $500,000 per C.C.P. º998 before trial. The defendant made an offer of $30,000 before trial, increased to $100,000 during trial.
Specials in Evidence
$18,000 (most covered by military workers' compensation carrier) $4,000 per month
Injuries
The plaintiff suffered fractures of two metacarpals on his left hand. The plaintiff developed reflex sympathetic dystrophy which spread to his arm causing severe pain for years requiring ongoing morphine use.
Other Information
The verdict was reached approximately four years after the case was filed. A mediation was held in July 1995 without result. Defendant filed a motion for a new trial on the grounds that the jury's finding of negligence was inconsistent with the findings of no design defect and no failure to warn.
Deliberation
3½ days
Poll
_________ (#s pls.)
Length
five days
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