Shirley Matheney v. Johanson and Thomas Machine and Welding Shop; Asplundh Tree Expert Company; Altec Industries; Central Valley Utility Services
Published: Apr. 25, 1998 | Result Date: Mar. 17, 1998 | Filing Date: Jan. 1, 1900 |Case number: 96173169 Verdict – $1,185,000
Judge
Court
Tulare Superior
Attorneys
Plaintiff
Defendant
Stephen T. Knudsen
(Jacobson, Hansen & McQuillan)
Experts
Plaintiff
Alexander Samson
(technical)
Michael J. Fox
(technical)
Defendant
John R. Manning
(technical)
James W. Brazell
(technical)
H. Frank Entwisle
(technical)
Facts
On Aug. 2, 1995, decedent Homer Matheney, a 60-year-old tree trimmer, died when the Asplundh LR-50 aerial lift he was using to help him trim trees at a Goshen recreational vehicle park collapsed, plunging him 50 feet to his death. The aerial lift had just been repaired by a local hydraulic repair shop. The repair was done to the upper cylinder which controlled the movement of the aerial lift at its highest point. Unbeknowst to the repair shop, the Asplundh aerial lift cylinder did not automatically refill the cylinder with the hydraulic fluid when it was tested. After the repairs were completed, the Asplundh LR-50 appeared to operate without problems. It was then returned to its owner, Central Valley Utility Services (Central Valley). The LR-50 was taken the next day to the R.V. Park by decedent, an employee of Central Valley. The aerial lift operated perfectly for 15 minutes. It was not until it was taken to its hightest point that the upper cylinder of the LR-50 was required to be activated. As the decedent went over top dead center, the upper cylinder failed to operate and the aerial lift collapsed. The decedent died as a result of a crushed chest that he sustained in the fall. The plaintiff, the decedent's wife, brought this action against the manufacturer and the repair shop based on negligence and product liability theories of recovery.
Settlement Discussions
Plaintiff made a C.C.P. º998 demand to Asplundh and Altec for a total of $399,000. Plaintiff made a C.C.P. º998 demand to Johanson and Thomas for $249,000. Defendants offered $35,000 each. Later defendant Asplundh and Altec sent a C.C.P. º998 offer for $200,000. Johanson and Thomas made a C.C.P. º998 offer of $135,000.
Injuries
Death of a husband.
Other Information
The verdict was reached approximately two years after the case was filed. MEDIATION: A mediation was held on Feb. 13, 1998, before Hon. Gerald K. Davis resulting in a settlement only of the workers' compensation issue. EXPERT TESTIMONY: The plaintiff's expert, Michael Fox, gave a presentation on behalf of the plaintiff as to the cause of the accident. He used computer animations and a simple lever-pulley device to illustrate and simplify what were otherwise complex physics issues.
Deliberation
six hours
Poll
12-0 (product liability), 9-3 (negligence)
Length
three weeks
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