Gloria Flores, Ben Flores, Lisa Flores, Kathy Flores-Anderson, Elizabeth Flores-Hernandez, Linda Flores-Martines and Margaret Flores-Mooney v. Taylor Machine Works Inc., and Washington Lift Truck Inc.
Published: Sep. 18, 1999 | Result Date: Jul. 30, 1999 | Filing Date: Jan. 1, 1900 |Case number: NC021548 Verdict – $0
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Defendant
Jane E. Randolph
(Anderson, McPharlin & Conners LLP)
Experts
Plaintiff
Martin J. Siegel
(technical)
Robert W. Johnson CPA
(technical)
Vaughn Adams
(technical)
Gerald P. Bretting
(technical)
Defendant
Michael Boyles
(technical)
H. Frank Entwisle
(technical)
Facts
Defendant, Taylor Machine Works, manufactured a large lift truck weighing 150,000 pounds with a lift capacity of 75,000 pounds which was sold by co-defendant, Washington Lift Truck, Inc. and used on the waterfront to load and unload containers. According to the defendant in 1990, the decedent's employer, Stevadoring Services of America bought three such vehicles which contained one mirror in the operator's cab. In 1993, Taylor Machine Works changed the mirror package. From 1993 to the present, "top handlers" have included two interior mirrors and two exterior parabolic mirrors. On the date of the accident, the decedent's employer had approximately 12 such vehicles. On May 17, 1997, the decedent, age 66, had transferred to the marine clerk's union after years working as a longshoreman, was on his first day of the job as a marine clerk involved in checking serial numbers on containers being loaded onto rail cars known as "gondolas" at Pier 243 of the Los Angeles Harbor. At approximately 4:45 p.m., the decedent was crushed to death by the rear right tire when the top handler was backing up to get into position to load a cargo container onto a gondola. All of the witnesses testified that the decedent had on an orange safety vest, but photographs of the decedent after the accident depicted him with a dark blue T-shirt and shorts. Two witnesses testified that they could not hear the back up alarm, although the operator and others testified that they could hear the alarm sounding. The operator further testified that although he looked over his shoulder as he was backing up, he did not see the decedent who had his back to the machine. The evidence showed that Stevadoring Services of America had replaced the anginal alarm with one of a lower decibel level.
Settlement Discussions
According to the defendant the plaintiffs demanded $5.25 million lowered to $1.65 million during trial. The defendant made no offer.
Damages
$98,018.70 (worker's compensation lien); $1,070,123 (loss of earnings). The plaintiffs asked jury to award $5,675,000.
Injuries
Wrongful death of husband and father.
Deliberation
three hours
Poll
10-2 (product's liability), 10-2 (negligence)
Length
15 days
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