Fred Butler v. Dial Corporation, United Riggers and Erectors, Inc.
Published: Dec. 24, 1993 | Result Date: Dec. 16, 1993 | Filing Date: Jan. 1, 1900 |Case number: VC006348 – $41,101
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Greg W. Garrotto
(Law Offices of Greg W. Garrotto)
Experts
Plaintiff
Kenneth Fryer
(medical)
Facts
Plaintiff Fred Butler was a 54-year-old quality control inspector working for a company retained by the Defendant Dial to design and fabricate a steel lining for a hopper, used to hold soap. He was inspecting the work done by the installer United Riggers and Erectors, Inc., when he fell. He had gone up on a manlift operated by Defendant United Riggers, stood on the mid-rail to take a photo, and lost his footing. He stepped back on to the manlift for balance. The foot on the manlift slipped, causing Plaintiff to fall to the floor of the manlift.
Settlement Discussions
Defendants contend they offered $45,000 and Plaintiff demanded $80,000.
Specials in Evidence
$8,700 $4,000 not stated $35,000
Injuries
Fractured tibial plateau requiring closed reduction surgical procedure and future knee replacement surgery.
Other Information
A prior arbitration by Judge Charles Litwin, Retired, resulted in a Plaintiff's award of $73,000; trial de novo by Defendants. Plaintiff Counsel contends that the Court inadvertently left out jury instructions regarding economic damages and delivered them during deliberations; Motion for New Trial is being prepared.
Deliberation
1 day
Poll
9-3, 12-0
Length
5 days
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