Paul Langston v. PLT Technology, Thomas Fletcher, Milpas Rentals Inc.
Published: Aug. 19, 2000 | Result Date: Jul. 18, 2000 | Filing Date: Jan. 1, 1900 |Case number: 231146 Verdict – $75,000
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Christopher J. Bagnaschi
(Haith Bagnaschi, LLP)
Experts
Plaintiff
Robert C. Friedemann
(technical)
Defendant
Paxton B. Starksen
(technical)
R. Scott Hickman
(technical)
Facts
Defendant PLT rented a forklift from defendant Milpas to help move equipment from 40-foot tractor/trailers. PLT hired plaintiff's employer, Pro-Moving, to assist. PLT employee Fletcher rented and drove the forklift. On Sept. 24, 1998, Fletcher parked the forklift on an incline which began to immediately roll down a slight grade, banging into a shipping container. The plaintiff allegedly jumped out of the way, herniating a disc in the process. The forklift was examined six months after the incident and was found to have an out of adjustment mechanical parking brake. The forklift was equipped with a secondary brake device that was operational. The plaintiff filed an action for general negligence. Milpas cross-complained against PLT and Fletcher based upon an indemnity agreement in the equipment rental contract. PLT and Fletcher cross-complained for implied indemnity. The plaintiff had settled with PLT and Fletcher and dropped all theories based upon operator negligence. The case was bifurcated.
Settlement Discussions
The plaintiff demanded $500,000 at the mandatory settlement conference, reduced to $325,000 at trial from Milpas Rentals Inc. The plaintiff plaintiff Fletcher C.C.P. Section 998 offer for $75,000.
Specials in Evidence
$51,000 $24,000
Injuries
Shoulder injury, herniated disc, microdiscectomy and laminectomy.
Deliberation
one day
Length
six days
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