National Union Fire Insurance Company v. Tom Villardi, et al.
Published: Feb. 1, 2001 | Result Date: Dec. 12, 2000 | Filing Date: Jan. 1, 1900 |Case number: YC036307 Verdict – $219,654
Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
James K. Styner
(medical)
Alvin Markovitz
(medical)
Ted Greenzang
(medical)
Defendant
Earl Feiwell
(medical)
Facts
A 43-year-old employee was using a forklift to unload pallets from a truck tractor backed up to a warehouse
loading dock. As the forkliftÆs front wheels drove onto the dock plate connecting the loading dock to the truck
trailer, the truck drove away, allowing the loading dock to drop and the forklift tines to land on the bed of the
trailer. As the truck continued to move away from the loading dock, it pulled the forklift off the dock. The
forklift landed on its wheels on the cement floor of the warehouse. The employee, secured by the safely belt,
remained in the forkliftÆs seat.
Settlement Discussions
The plaintiff demanded $30,000 prior to trial. The defendants made no offer.
Specials in Evidence
$23,724 $69,157
Injuries
The plaintiff suffered low back sprain superimposed on pre-existing spondylolisthesis, secondary myofascitis of the trapezius musculature and heart attack resulting in bypass surgery.
Other Information
The plaintiff recovered all past and future workers compensation benefits, plus $35,000 in pain and suffering on behalf of the injured employee. The judgment will be divided between the plaintiff and the injured employee pursuant to Labor Code Section 3856(a). The action was mediated on Oct. 24, 2000 by Bernard Natelson.
Deliberation
four hours
Poll
12-0 (negligence of defendant TKA Enterprises Inc.), 0-12 (comparative negligence of injured employee), 0-12 (negligence of third party warehouse owner), 10-2 (damages)
Length
three days
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