Confidential
Settlement – $450,000Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
David N. Shaver
(Bunt & Shaver LLP)
Arthur J. Chapman
(Chapman Glucksman)
Experts
Plaintiff
Paul F. Youngdahl
(technical)
John C. Kelly
(Carroll, Kelly, Trotter & Franzen)
(medical)
David Marshall
(medical)
Facts
The subject suit is an action under Labor Code Section 4558 because the employer removed a guard from a punch press manufactured by the defendant E.W. Bliss. The plaintiff, a 32-year-old Hispanic immigrant, was employed by Prudential Lighting Inc. as a punch press operator. On Sep. 18, 2001, the plaintiff was operating an E.W. Bliss inclinable punch press. He was in the process of cutting a slot in the corner of a metal piece approximately 10-11 feet long. After the ram notched the piece of metal, the plaintiff reached in to eliminate the remnant when the ram came down and amputated his left thumb. The plaintiff denied that he accidentally depressed the foot pedal.
Settlement Discussions
The plaintiff demanded $400,000 for the third party action and $50,000 to settle the workers' compensation claim. The defendant offered $200,000.
Specials in Evidence
$27,000 $43,342
Injuries
Amputation of the left minor thumb.
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