Fidel Perez v. FMC Corporation, et al.
Published: Sep. 30, 2000 | Result Date: May 1, 2000 | Filing Date: Jan. 1, 1900 |Case number: 794156 Verdict – $1,500,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Bruce M. Brusavich
(Abir, Cohen, Treyzon & Salo LLP)
Defendant
Jack A. Janov
(Kennaday, Leavitt & Owensby PC)
Experts
Plaintiff
Stephen Wilcox
(technical)
Joyce Elaine Pickersgill
(technical)
John B. Sewart
(technical)
L. Peter Petrovsky
(technical)
Defendant
Mack A. Quan
(technical)
H. Frank Entwisle
(technical)
Facts
In August 1997, the plaintiff was working as a pipe layer on a sewer project in Orange County. A co-worker and foreman were operating an FMC-Linkbelt excavator to move a road barrier. Another worker was at the front of the barrier and the plaintiff was at the rear of the barrier near the right front excavator track and watching for vehicle traffic. PlaintiffÆs left foot was caught by the moving track and he was pulled under the track treads. This resulted in a complete amputation of plaintiffÆs left leg below the hip.
Settlement Discussions
The plaintiff and the intervenor reached an agreement whereby the intervenor would be dismissed in exchange for 16.66 percent of plaintiffÆs gross recovery and would continue paying disability award and provide lifetime medical. The plaintiff then settled with the remaining available insurance limits on defendantÆs insurance policy for a total value of $1.55 million.
Injuries
Severe degloving injury to the left leg and scrotum resulting in multiple surgeries to reconstruct a stump, repair the gastrointestinal system, remove one testicle and three surgeries on plaintiffÆs penis. The plaintiff suffered permanent disability. WorkersÆ Compensation payments totaled $1.2 million, with lifetime disability payments and future lifetime medical.
Other Information
<M>A mediation was held before Jack Trotter from JAMS.</M>
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