Leticia Salazar v. National News Vending Equipment Company
Published: Jan. 1, 1999 | Result Date: Oct. 6, 1998 | Filing Date: Jan. 1, 1900 |Case number: BC156556 Verdict – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Guy R. Gruppie
(Murchison & Cumming LLP)
Michael D. McEvoy
(Murchison & Cumming LLP)
Experts
Plaintiff
Thomas O'Connor
(technical)
Tamorah Hunt
(technical)
Sandra Schneider
(technical)
Robertus Kounang
(medical)
Defendant
Theodore Vavoulis
(technical)
Paul F. Youngdahl
(technical)
Charles S. Lane
(medical)
John C. Nelson
(technical)
Facts
On Aug. 29, 1995, plaintiff Leticia Salazar, a 23-year-old brake operator, was performing punching operations on a circa 1967 15-ton press brake in order to form parts to be used in the construction of a newspaper rack. She had fashioned about 1,000 such parts the day of the accident over three hours when her right hand inadvertently was placed in an open area beneath the descending ram of the press when she activated the ram with a foot pedal. The press brake had been purchased on the aftermarket around 1983 by defendant employer. The plaintiff brought this action against the defendants based on California Labor Code º4558, product liability and negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $250,000 (new money). The defendant made a C.C.P. º998 offer of compromise for $5,000.1. The defendant manufacturer settled with the plaintiff on the eve of trial for $22,500.
Specials in Evidence
$33,500 waived $250,000
Injuries
The plaintiff suffered a cut and crush injury to her right (dominant) hand.
Result
POST TRIAL MOTIONS: Plaintiff has filed a motion to disqualify the trial judge, motion for new trial and motion to tax defendant employer's cost bill of $32,000.
Other Information
The verdict was reached approximately two years and two months after the case was filed. A mediation was held on June 23, 1998, before Robert Brody, resulting in no settlement. After three days of trial, the court determined as a matter of law that plaintiff lacked sufficient evidence on the issue of notice about the need to guard the press brake from manufacturer to employer under Labor Code º4558 for the case to even be submitted to a jury, and entered judgment in favor of defendant employer or alternatively, granted defendant's previously denied motion for summary judgment. The plaintiff has filed a motion to disqualify the trial judge, motion for new trial and motion to tax defendant employer's cost bill of $32,000.
Poll
____ - ____ (Nos. Pls.)
Length
three days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390