Confidential
Settlement – $35,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Charles A. Longo
(Charles A. Longo, Esq.)
Defendant
Rene J. Kern Jr.
(Kern Law Group)
Facts
On June 28, 1996, plaintiff No. 1, was using defendant's rotary hammer. While drilling a hole, the drill bit bound up in the concrete and the body of the tool twisted and snapped the plaintiff's hand. The plaintiff filed a complaint for negligent servicing, strict liability, breach of implied warranty and negligence. On June 30, 1998, the plaintiff-in-intervention (plaintiff No. 1's employee) used the hammer to drill a hole. The hammer bound up in the concrete, spun violently around, and fractured the employee's hand.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $____________. The defendant made a C.C.P. º998 offer of compromise for $_____________ .
Specials in Evidence
$12,469.38; $9,381.38 (intervenor) $27,500 (personal); $3,200 (intervenor) $3,200 (intervenor) $9,381.38 (intervenor)
Injuries
The plaintiff's hand was broken by a rotary hammer produced by one defendant and sold by the other. The plaintiff had surgery. An open reduction and internal fixation of fracture on his right fourth metacarpal was performed. Two weeks later, the plaintiff re-fractured his hand. He was placed in a cast for 6-8 weeks and underwent physical therapy. He claimed his hand tires easily when using tools on his job. Plaintiff No. 2 experienced same fracture and also underwent surgery.
Other Information
The settlement was reached approximately one year and two months after the case was filed.
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