Confidential
Settlement – $135,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Facts
On Sept. 7, 1995, while in the course and scope of his employment, the plaintiff, a 43-year-old machine operator, was operating a fixed 45-degree double mitre saw designed and manufactured by the defendant company. The plaintiff was cutting wood used for assembling picture frames. While operating the saw, the plaintiff's left hand came into contact with the saw blade and severed his left thumb and index finger. The plaintiff brought this action against the defendant manufacturer based on product liability, negligence and breach of warranty theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $124,999, increased to $350,000. The defendants made no initial offers.
Specials in Evidence
$28,836.64 $22,625; $83,537.56 (workers compensation)
Damages
The plaintiff claimed medical bills of $28,836.64 and lost earnings of $22,625; $83,537.56 (workers compensation)
Injuries
The plaintiff sustained traumatic amputation of the left thumb and index finger, as well as fracture to the left middle finger and post-traumatic stress disorder. The amputation required replantation of the left index finger as the thumb, re-amputation of the index finger, multiple surgeries and extensive physical therapy, including seven days of hospitalization. He still suffers left hand weakness, numbness and limited use.
Other Information
A settlement conference was held on Oct. 30, 1997, before the Hon. William Schoettler, retired, resulting in the reported settlement.
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