Straud Britt; Judith Britt and Modesto Irrigation District v. Telelect, Inc.; Telelect West Coast, Inc.; West Coast Utility Equipment, Inc.; and Simon West Coast, Inc.
Published: May 2, 1998 | Result Date: Oct. 29, 1997 | Filing Date: Jan. 1, 1900 |Case number: 41163 Verdict – $981,509
Judge
Court
Stanislaus Superior
Attorneys
Plaintiff
Clayeo C. Arnold
(Clayeo C. Arnold APLC)
Defendant
Experts
Plaintiff
Joseph Provenzano
(medical)
Milton C. David
(medical)
David MacCollum
(technical)
Gary D. Nibbelink
(technical)
Jim Meehan
(technical)
Defendant
Charles M. Recard
(technical)
Robert L. Goldberg
(medical)
Gene Broadman
(technical)
Raymond Spencer
(technical)
Facts
On Oct. 28, 1992, plaintiff Straud Britt, a 49-year-old substation electrician, was operating a two-year-old personnel lift, a Telelect TE-403, manufactured by defendant Telelect West Coast, in an electrical substation. The plaintiff's hand became trapped between the control levers and the structure, causing the lift's bucket to extend, trapping the plaintiff's back against a beam. The plaintiffs, the injured man, his wife and his employer brought this action against the defendants, the manufacturer and the distributor of the lift, based on product liability, negligence, and loss of consortium theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $1.4 million. The defendants made a C.C.P. º998 offer of compromise for $15,000, increased to $50,000 on the day of trial and then to $100,000 during jury deliberations. The plaintiffs demanded $1.2 million during jury deliberations.
Specials in Evidence
$107,000 (workers' comp lien) $846,000
Injuries
The plaintiff allegedly suffered a back injury, requiring surgery at L-5, S-1 and a right knee injury requiring arthroscopy, both causing permanent disability.
Other Information
The verdict was reached approximately five years after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on Sept. 15, 1997, before the Hon. John E. Griffin of the Stanislaus County Superior Court. It did not resolve the matter. POST TRIAL MOTIONS: A motion for judgment notwithstanding the verdict made by the Modesto Irrigation District and Britt for $107,000 workers' compensation lien was granted. An appeal was filed by the defendants, claiming that the subsequent placement of a guard by the Modesto Irrigation District should not have been submitted to the jury. The appeal was dismissed on April 20, 1998.
Deliberation
four days
Poll
9-2 (1 abstention)
Length
approximately 21 days
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