Thomas Brady v. Costco Companies Inc.
Published: Nov. 27, 1999 | Result Date: Aug. 5, 1999 | Filing Date: Jan. 1, 1900 |Case number: 720485 – $0
Court
San Diego Superior
Attorneys
Plaintiff
Edward C. Walton
(Procopio, Cory, Hargreaves & Savitch LLP)
Defendant
Douglas D. Guy
(Gates, Gonter, Guy, Proudfoot & Muench)
Experts
Plaintiff
Jan Fronek
(medical)
Michael G. Willoughby
(technical)
Defendant
Patrick F. Kennedy
(technical)
Facts
Thomas Brady was shopping at Costco when he saw a female patron struggling with the loading of a "gorilla rack." The gorilla rack weighed approximately 110 pounds. The plaintiff attempted to rescue the patron. In the process, the plaintiff sustained a torn biceps tendon.
Settlement Discussions
The plaintiff originally demanded $300,000. As trial neared, the demands dropped to $100,000, $50,000, and ultimately $25,000. The manufacturer settled for $25,000. No offer was ever made by Costco.
Specials in Evidence
$6,000 $65,000
Injuries
The plaintiff suffered a torn biceps muscle in his left shoulder which required surgery.
Other Information
Prior to trial, the Court precluded the prosecution's liability expert, Dr. Harvey Cohen, from testifying. The verdict was reached approximately one year and three months after the case was filed.
Deliberation
less than 15 minutes
Poll
12-0
Length
four days
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