Confidential
Settlement – $1,007,500Judge
Court
USDC Central
Attorneys
Plaintiff
Bruce M. Brusavich
(Abir, Cohen, Treyzon & Salo LLP)
Defendant
Experts
Plaintiff
Joyce Elaine Pickersgill
(technical)
Paul J. Glasgow
(technical)
Sandra Schneider
(technical)
Jerry L. Hildreth
(technical)
John B. Sevart
(technical)
John M. Howard
(technical)
Russ Henke
(technical)
Robert O. Kelley
(medical)
Edwin C. Amos M.D.
(medical)
Defendant
Paul R. Lees-Haley
(medical)
Roger Wilson
(technical)
Allan L. Dorris
(technical)
Charles Hanson
(technical)
Lawrence Miller M.D.
(medical)
Edward M. Caulfield
(technical)
James J. Bauer
(technical)
Diane Atkins
(technical)
Charles H. Breeden
(technical)
G. Michael Morris
(technical)
Facts
On April 7 and 8, 1995, in the late evening/early morning, the plaintiff, a 40-year-old heavy equipment and back-hoe operator, was part of a three-man crew that was finishing road repairs in downtown Los Angeles. A back-hoe manufactured by the defendant was left unattended with the engine running. As the plaintiff approached to place a five-gallon bucket on the back-hoe bucket, the bucket flew into the cab of the tractor, hitting the boom swing control lever. This caused the boom to swing, crushing the plaintiff against a raised outrigger. A homeless person found the plaintiff and obtained help. The plaintiff brought this action against the defendant manufacturer based on strict products liability and negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $1.8 million. The defendant made a settlement offer of $100,000.
Specials in Evidence
$175,597.94 (paid by workers' compensation) $75,000 $400,000 $200,000 (per the defendant), $75,000 (per the plaintiff)
Injuries
The plaintiff alleged he sustained crushing of his upper right shoulder and chest, resulting in the loss of his right major arm above the elbow from vascular compromise, as well as chronic pain syndrome.
Other Information
A mediation was held on Oct.10, 1996 before Myron Stuart Pessin of the United States Arbitration & Mediation Inc., of Boston, which eventually led to the reported settlement.
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