Eric Magallon v. Paltec Truck Equipment dba Tiffin Loader Crane
Published: Aug. 11, 2012 | Result Date: Jun. 15, 2012 | Filing Date: Jan. 1, 1900 |Case number: 09CECG03677 Settlement – $612,500
Court
Fresno Superior
Attorneys
Plaintiff
Robert G. Gilmore
(Law Office of Robert G. Gilmore)
Defendant
R. Lawrence Bragg
(Office of the Attorney General)
Facts
Eric Magallon was operating a test cart at Kings Waster & Recycling Authority to test the plant's industrial truck scale when the cart tipped onto it's front end, causing him to be thrown approximately 10 feet into the air. He landed on his right wrist and face. Magallon sued Paltec Truck Equipment dba Tiffin Loader Crane, the manufacturer of the test cart, for strict liability for defective design and failure to warn of the possibility of tipping. Paltec claimed Magallon was comparatively negligent for using fewer weights than the one recommended, thereby creating an imbalance, contributing to the accident. Paltec also claimed that Magallon was negligent for using the cart in a manner other than originally intended.
Damages
Magallon sought $112,518 for past-lost earnings, $834,147 for future lost earnings, $87,651 in past medical expenses that was paid by workers' compensation, $9,555 in future medical costs for his neurocognitive deficits and dental treatment, and an unspecified amount for his past and future pain and suffering.
Injuries
Magallon was taken to an emergency room by ambulance. He sustained a compound, comminuted fracture of his right wrist and underwent several surgeries. Two of his front teeth were knocked out and he claimed to have suffered from a mild traumatic brain injury as a result of the blunt force trauma to his head. Magallon claimed he continued to experience pain in his right wrist despite multiple surgeries to fix it. Although he returned to work after the accident, he ultimately had to stop work due to his injuries.
Result
The parties negotiated a $612,500 settlement.
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