Robert Clayton v. ADMA & MBL Life Assurance Corporation
Published: Dec. 19, 1998 | Result Date: Oct. 21, 1998 | Filing Date: Jan. 1, 1900 |Case number: 5712427 – $0
Judge
Court
Fresno Superior
Attorneys
Plaintiff
James J. Mele
(Mele Law Office)
Defendant
Experts
Plaintiff
Rick A. Sarkisian
(technical)
Donald Poladian
(medical)
Ghol B. Ha'Eri
(medical)
Defendant
Milo D. Bell
(technical)
Charles Heller
(medical)
Facts
On Aug. 28, 1995, plaintiff, a 57-year-old forklift driver, was on the job in a warehouse owned by defendants and leased by plaintiff's employer, Fleming Foods Inc. The plaintiff had to manually lift a dock plate, weighing between 57 and 69 pounds, which should have automatically sprung into the back of cargo trailers. He had lifted this plate 10-50 times before. This time, plaintiff's back went out. Although the lease imposed responsibility on plaintiff's employer to maintain the dock plates, the plaintiff alleged that the defendants were negligent in inspecting, maintaining and repairing the premises.
Settlement Discussions
The plaintiff made a settlement demand for $300,000. The defendant made an offer of $10,000.
Specials in Evidence
$48,000 $98,605 $130,585 $74,800
Injuries
The plaintiff claimed a ruptured, herniated disc at L5-S1 and L4-5. The plaintiff also claimed he is permanently disabled and unable to work.
Other Information
The verdict was reached approximately two years after the case was filed.
Deliberation
4½ hours
Poll
12-0
Length
seven days
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