This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Torts
Product Liability
Design Defect

Nancy Gans v. Alta Building Material Company dba Westside Building Material Company, Roll Rite Corporation

Published: May 26, 2007 | Result Date: Mar. 20, 2007 | Filing Date: Jan. 1, 1900 |

Case number: RG041710008 Settlement –  $1,961,000

Court

Alameda Superior


Attorneys

Plaintiff

J. Kevin Morrison
(Altair Law LLP)


Defendant

Donald J. Roberts

Thomas G. Beatty


Experts

Plaintiff

Robert N. Anderson
(technical)

Carol R. Hyland M.A.
(technical)

Jules P. Steimnitz
(medical)

Thaddeus J. Whalen Jr.
(technical)

Scott F. Dye
(medical)

Randall B. Aiman-Smith
(Aiman-Smith & Marcy PC) (medical)

Defendant

Stanley Rockson
(medical)

Facts

Plaintiff Nancy Gans had a load of sheetrock fall on her while she was operating a temporary elevator lift at a construction site. The load of sheetrock, supplied and delivered by Alta Building Material Corp., was being transported on a dolly whose casters were manufactured by defendant, Roll Rite Corp., Hayward. The plaintiff sued Roll Rite claiming design defect in a products liability cause of action. Further, the plaintiff sued Alta for negligently transporting the sheetrock.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff argued the wheel on the dolly had a defective design in that it was not strong enough to hold the weight of the sheetrock as it should have been. Further, the plaintiff argued Alta negligently transported the sheetrock in violation of ANSI and CAL OSHA standards.

DEFENDANTS' CONTENTIONS:
The defendants argued Gans herself was liable for her injuries because she put herself in danger when she held the door open for the Alta workers who were transporting the sheetrock. The defendants further argued the caster was not defective and that the sheetrock was not negligently transported. The defendant disputed she had lymphedema and disputed the nature and extent of her injuries.

Specials in Evidence

The plaintiff sought to recover $67,000 in past medical bills. Plaintiff sought $160,000 in past lost earnings. Plaintiff sought $1,000,000 in future lost wages. The plaintiff claimed she would require an unspecified amount of damages for future medical care.

Injuries

Gans suffered from severe bruising on her left leg, which required skin excision and grafts. She also suffered a frozen knee, lymphedema, and posttraumatic stress disorder. She claimed her injuries would prevent her from ever again working in any capacity.

Result

A settlement between the parties yielded plaintiff $647,130 from Roll Rite, and $1,313,870 from Alta.


#90014

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390