Donald E. Johnson v. Icon Health & Fitness, Inc. Sears, Roebuck and Company
Published: Jan. 1, 1999 | Result Date: Nov. 18, 1998 | Filing Date: Jan. 1, 1900 |Case number: SC018884 Verdict – $66,933
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Stephen H. Smith
(Yoka & Smith LLP)
Experts
Plaintiff
Wayne Press
(medical)
Gary A. Patee
(medical)
Defendant
Robert M. Wilson M.D.
(medical)
Facts
On Nov. 14, 1996, plaintiff Donald E. Johnson, a 38-year-old appliance technician, was using defendants' treadmill when it accelerated unexpectedly, allegedly injuring his neck, back and shoulder. The defendant admitted liability.
Settlement Discussions
The plaintiff made a settlement demand for $87,500. The defendants offered $35,000.
Injuries
The plaintiff claimed he suffered soft tissue damage, neck and back injuries and a shoulder separation that required two surgeries.
Other Information
The verdict was reached approximately one year after the case was filed. An arbitration was held on July 31, 1998 before Gary Herzog resulting in a $175,000 award to plaintiff.
Poll
12-0
Length
four days
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