This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Non-Vehicular)
Negligence
Saw

Gentry v. Spage Age Construction, et al.

Published: Jun. 22, 2002 | Result Date: Apr. 26, 2002 | Filing Date: Jan. 1, 1900 |

Case number: PC027541W Verdict –  $280,000

Judge

L. Jeffrey Wiatt

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Anthony J. Klein


Defendant

Brian P. Smith


Experts

Plaintiff

Ned Wolfe M.E.
(technical)

Mehdi Fakhrai
(medical)

Defendant

Gidon R. Vardi Ph.D.
(technical)

Theodore Vavoulis
(technical)

Facts

The plaintiff, Rod Gentry, using a Skilsaw belonging to Space Age Construction, severed his femoral artery in his
right leg when the saw "kicked back" for an unknown reason. Space AgeÆs employee, James Barbour, had
"pinned back" the retractable guard on the saw without warning to the plaintiff and while the plaintiff went
elsewhere for a few minutes.
The plaintiff contended that he had no reason to believe the saw was in a different condition the second time he
picked it up than it had been a few minutes earlier.
The defendant, Michael Singleton, d.b.a. Space Age Construction, alleged that the
plaintiff was comparatively negligent for failing to check the saw for safety, the second time he
picked it up.

Settlement Discussions

The plaintiff submitted a demand of $215,000; the defendant offered $75,000.

Specials in Evidence

$78,914 $31,085

Result

Verdict for the plaintiff who was held 20 percent comparatively negligent.

Other Information

Verdict for the plaintiff who was held 20 percent comparatively negligent.

Deliberation

six hours

Poll

12-0 (liability), 12-0 (comparative), 12-0 (damages)

Length

four days


#97628

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390