Thomas Keegan v. Joytech International Inc.
Published: Feb. 1, 2001 | Result Date: Nov. 17, 2000 | Filing Date: Jan. 1, 1900 |Case number: SCV35054 Verdict – $536,827
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Martin L. Stanley
(Law Office of Martin L. Stanley)
Defendant
Greg W. Garrotto
(Law Offices of Greg W. Garrotto)
Experts
Plaintiff
Joseph Page
(medical)
Defendant
Judy Miramontes
(medical)
William Serrantoni
(technical)
Douglas Bennett
(technical)
Facts
Plaintiff Thomas Keegan, 61, became a paraplegic in 1984. In March 1996, he decided that he wanted to become
a "big rig" truck driver. He then purchased a big rig tractor and contracted with Joytech International for the
installation of a wheelchair lift on the tractor.
The wheelchair lift was installed on March 25, 1996. Approximately six weeks later, the plaintiff drove the
truck on a job into Sierra County, attempting to deliver a load to a mine located in a deserted area. However,
due to snow, the road became impassable. Believing that one of the miners would come down the road so that
he could deliver his load, the plaintiff waited in his truck until the next day.
When no one came the next day, the plaintiff attempted to start his truck to leave the area, but the truck would
not start. As a result, the plaintiff was without food for two days. He drank water by tying a rope to a glass
bottle in his truck, lowering it outside the window and dragging it along the ground so that it would
accumulate ice and slush.
After being stuck for two days, the plaintiff decided that he should try to wheel himself out of the area and back
down to the main road, where he could possibly summon some help. He got into his wheelchair and began to
go down on the lift. Even though the lift was only six weeks old, it began to smoke about half way down to the
ground. The plaintiff attempted to continue downward, but the lift got stuck approximately six inches from the
ground.
The plaintiff then attempted to move the lift back up so that he could reenter the shelter of his truck, but the lift
only moved several inches and again got stuck. At this time, the lift would neither move up nor down and the
plaintiff was left hanging outside of his truck on his wheelchair lift. He then attempted to swing his body back
into his truck, but in doing so, he heard a "pop" in his leg. He was thus unable to reenter his truck ad was left
hanging half in and half out of the truck. He was there for several hours screaming for help, when a sheriffÆs
deputy happened to come by.
The deputy rescued him and took him to the local town, where several miners helped to
reload him into his truck without the use of the wheelchair lift. The plaintiff then drove to the
Sacramento area for medical care.
Settlement Discussions
The plaintiff demanded $150,000, which he lowered to $80,000 shortly before trial. The defendant offered only $1,500.
Injuries
The plaintiff claimed that he suffered a leg fracture which necessitated two surgeries and which resulted in substantial weakness and a permanent shortening of his leg.
Other Information
The jury awarded $163,264.65 in economic damages and $373,562.50 in non- economic damages. The defendantÆs motion for new trial has been filed.
Deliberation
one day
Poll
11-1 (on all issues)
Length
seven days
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