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Personal Injury (Vehicular)
Truck Accident
Negligent Loading & Packing

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

Allen J. Webster Jr.

Court

L.A. Superior Compton


Attorneys

Plaintiff

Michael A. Lotta


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


#97548

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