Santiago Martinez v. Willamette Industries
Published: Jun. 1, 2002 | Result Date: Apr. 24, 2002 | Filing Date: Jan. 1, 1900 |Case number: TC013156 Verdict – $0
Judge
Court
L.A. Superior Compton
Attorneys
Plaintiff
Defendant
Terry A. Rowland
(Demler, Armstrong & Rowland LLP)
Experts
Plaintiff
Richard B. Delamarter
(medical)
Defendant
Thomas D. Murtaugh
(technical)
S. Andrew Schwartz M.D.
(medical)
Facts
On Sept. 30, 1998, the plaintiff, a 44-year-old male, picked up two flatbed trailer loads of waxed produce boxes
from the defendantÆs plant in Compton. According to the plaintiff, he noticed a problem with some of the
pallets leaning and he added additional strapping before starting up the ridge route towards Bakersfield. While
driving uphill near Castaic, the plaintiff said he felt a load shift and was pulling to the side of the I-15 Freeway
when his trailers and cab flipped over.
The plaintiff contended there was a latent defect in the pallet which caused the load shift.
The defendant contended that the only evidence of a load shift was the plaintiffÆs
explanation for why his truck went off the road and that the point of rest of the rig was
inconsistent with his various descriptions of the accident. There was also no evidence showing
any defect in the pallets visible in the photographs taken at the scene by the plaintiffÆs employer.
Settlement Discussions
The complainant-in-intervention sought $228,000 and settled pre-trial with the plaintiff. The plaintiff demanded "six figures" in addition to the amount of the workerÆs compensation lien. The defendant offered $60,000 at the mandatory settlement conference, then made a C.C.P. Section 998 offer of $15,000 pre-trial.
Specials in Evidence
$169,000 $40,000
Injuries
Multi-level lumbar diskectomy and fusion with titanium fixation cages performed 15 months post-accident. The plaintiff attempted to return to work driving trucks but was told to stop by his treating doctor. Vocational rehabilitation efforts failed because the plaintiff is illiterate.
Other Information
The defense has filed a cost bill of $12,525.
Deliberation
31 minutes
Poll
12-0
Length
2.5 weeks
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