David Riley v. California Crane Testing Co., Coast Crane, National Crane
Published: Dec. 10, 2005 | Result Date: Jun. 29, 2005 | Filing Date: Jan. 1, 1900 |Case number: SCV231808 Bench Decision – $0
Judge
Court
Sonoma Superior
Attorneys
Plaintiff
Michael D. Green
(Abbey, Weitzenberg, Warren & Emery PC)
Defendant
Peter J. Linn
(Bishop Barry)
William S. Kronenberg
(Kronenberg Law PC)
Experts
Plaintiff
Glen R. Stevick Ph.D., PE
(technical)
John W. Davis
(technical)
Defendant
Delmon Sailors
(technical)
Facts
Plaintiff David Riley, a 42-year-old tree trimmer worked for Sandborn Tree Service, in Petaluma. On Feb. 10, 2002, he was power-washing a Model 5T National Crane in the service yard of his employer when the truck-mounted crane abruptly descended and crushed him. The crane was manufactured by National Crane of Manitowoc, Wis. Moreover, the crane was recently repaired by Coast Crane, Seattle, Wash. The Applegate-based California Crane Testing Company had inspected it and listed all the necessary repairs. Riley sued California Crane Testing Company and Coast Crane for negligent repair and National Crane for products liability claiming multiple injuries resulting from the winch brake on the crane being out of adjustment. Riley settled for undisclosed sums with California Crane Testing Company and National Crane. However, the case proceeded to trial only against Coast Crane. The case was bifurcated with a bench trial for liability and then, if warranted, a jury trial on damages.
Settlement Discussions
The plaintiff demanded $400,000 C.C.P. Section 998; and the defense offered $101,000.
Damages
The plaintiff claimed about $300,000 in past medical costs and about $50,000 in future medical costs. The plaintiff also claimed about $80,000 in past lost earnings, $200,000 in future lost earnings and an unspecified amount in pain and suffering damages. The plaintiff claimed that the accident made him unable to continue working as a tree trimmer and that regardless of undergoing vocational rehabilitation, he had been unable to find work.
Injuries
The plaintiff suffered a concussion, orbital crush injury and related injuries requiring multiple surgeries.
Result
The judge rendered a decision in favor of Coast Crane.
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