Reuben Lawrence Lee Kilgore v. Can Lines Inc.
Published: May 11, 2004 | Result Date: Mar. 4, 2004 | Filing Date: Jan. 1, 1900 |Case number: BC272503 Verdict – $519,300
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Sydnee R. Singer
(Law Offices of John A. Hauser)
Experts
Plaintiff
John Caccavale
(medical)
Thomas Gunzler
(technical)
Andre M.V. Chaves
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
David J. Weiner M.B.A., AM
(technical)
Mack A. Quan
(technical)
W. Robb Smith
(technical)
Lester M. Zackler M.D.
(medical)
Facts
Kal Kan Foods Inc. was the manufacturer and producer of pet food products operating out of a large facility in Vernon. The meat department of Kal Kan housed an equipment system known as a VMP which contained various conveyors which moved product during the course of production. Each Friday evening, Kal Kan employees used high pressure hoses to wash out the meat and by-products which became lodged in the moving parts. Thus, the conveyors need to be cleaned while operational. On July 13, 2001, the plaintiff, age 22, a high school graduate, was hosing down a portion of the conveyor system known as the cross conveyor. While in the process of hosing down the moving parts, the plaintiff somehow had his right hand enter the opening of the cross-conveyor and his right hand was drawn into the sprocket of the cross-conveyor. A co-employee pulled his hand out of the moving sprocket and belt. He went to the hospital, where he remained for 11 days while undergoing surgery of the hand and treatment of an infection in the wound. At the time of the accident, the plaintiff was employed for eight months and his earnings for the first six months of 2001 amounted to $21,000.
Settlement Discussions
At trial, the plaintiff demanded $475,000; the defendant offered $400,000.
Specials in Evidence
$52,000 (workers' compensation lien for $135,360) $118,000 $465,000
Injuries
Amputations of the tips of the index and middle fingers of the right hand, six surgeries including carpal tunnel (elbow) surgeries. Loss of 50 percent of the use of the right arm.
Result
The employer was held 50 percent negligent; the plaintiff 20 percent and the defendant Kan Lines Inc., 30 percent. The gross verdict was $898,200 and the net was $519,300.
Deliberation
2.5 days
Poll
12-0
Length
2.5 weeks
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