Confidential
Settlement – $80,000Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Experts
Plaintiff
Leslie Harris
(medical)
Charles S. Lane
(medical)
Shahram Sheybany
(technical)
Facts
On May 8, 1991, Plaintiff, a 51-year-old truck driver with 30 years experience, delivered 10 heavy-duty marine spools (1,000 to 1,200 pounds each), known as "power block wheels," to Defendant at Defendant's place of business. Because Defendant had an urgent need for the wheels and because no flatbed truck was available that day, Defendant requested that the wheels be delivered in an enclosed truck. During the offloading, Defendant instructed Plaintiff to stand in the back of the trailer to help offload the last set of 2 stacked wheels. Defendant attempted to pull the wheels to the open end of the trailer with a forklift and nylon rope. As Defendant backed the forklift, the wheels jumped forward and injured Plaintiff.
Settlement Discussions
Plaintiff contends his initial demand was $75,000 new money and Defendants offered $40,000 total.
Specials in Evidence
$11,264 $20,000
Injuries
Comminuted compound fracture of the distal radius of the left wrist requiring closed reduction; lumbrosacral sprain and strain, left hip contusion, and left elbow olecranon spur requiring orthopedic examinations and physical therapy.
Other Information
A prior arbitration by Charles Litwin resulted in a Plaintiff's award of $135,000 including Plaintiff's Workers' comp lien; trial de novo by Defendant.
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