Arthur Nickell v. Sears Roebuck & Company, Ryobi Motor Production Corporation
Published: Mar. 2, 1996 | Result Date: Dec. 1, 1995 | Filing Date: Jan. 1, 1900 |Case number: 223199AEW – $825,000
Judge
Court
Kern Superior
Attorneys
Plaintiff
James L. Faulkner
(Faulkner Law Offices)
Defendant
Experts
Plaintiff
John E. Winslow
(technical)
Steven H. Anderson
(technical)
Roy A. Meals
(medical)
Jack W. Ehlen
(technical)
Defendant
George Whelchel
(technical)
Facts
On April 23, 1992, the plaintiff, Arthur Nickell, a 53-year-old retired salesman, was at a residence in Bakersfield in response to an advertisement for the sale of a used miter saw. The plaintiff alleged that he inspected the saw prior to use, then plugged it in and turned on the power. The saw blade came off and struck the plaintiff in his right arm below the shoulder. The plaintiff brought this action against the defendants based on negligence, product liability and strict liability theories of recovery.
Settlement Discussions
Per the plaintiff, the plaintiff made a C.C.P. º998 settlement demand for $500,000 and the defendant made a $300,000 settlement offer at time of trial. Per the defendants, the plaintiff made a C.C.P. º998 settlement demand for $500,000 to each defendant which was increased to $700,000 at trial. Per the defendants, the defendants offered $350,000, which was increased to $500,000 prior to trial.
Specials in Evidence
$50,000 $50,000
Injuries
The plaintiff alleged that he sustained a laceration to his right arm below the shoulder which severed the radial nerve, medial nerve and artery resulting in the loss of use of his arm as a result of the accident.
Other Information
The verdict was reached approximately two years and eight months after the case was filed. A settlement conference was held on December 1, 1995, before Judge Gerald Davis, retired, which did not resolve this matter.
Deliberation
1+ days
Poll
10-2 (against Sears and Ryobi on negligence); 9-3 (on defective design against the defendant Sears); 10-2 (on defective design against the defendant Ryobi)
Length
7 days
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