Howard W. Pfeifer, Jr. v. Excalibur Tool & Equipment Co., Northern Automotive Corp. and Ed Tuck
Published: Aug. 2, 1997 | Result Date: Jun. 20, 1997 | Filing Date: Jan. 1, 1900 |Case number: 758114 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ronald Artell
(medical)
Leonard LaCaze Jr.
(technical)
Defendant
Thomas L. Black
(technical)
Facts
On March 17, 1995, plaintiff Howard Pfeifer, a 35-year-old mason, was using an engine hoist manufactured by defendant Excalibur Tool & Equipment Co. The plaintiff was injured while adjusting the engine hoist, allegedly as a result of a defect in the design. The defendants claimed there was no defect in the design and that the plaintiff was negligent. The plaintiff brought this action against the defendants based on strict liability, negligence and breach of warranty theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $235,000. The defendant manufacturer made a settlement offer of $15,000.
Specials in Evidence
$12,000 $96,000
Injuries
The plaintiff alleged a cut, a broken finger and reflex sympathetic dystrophy.
Other Information
The verdict was reached approximately one year and five months after the case was filed. A settlement conference/arbitration/mediation was held in December 1996. A cross-complaint by the distributor/retailer against the manufacturer for fees and costs per _____?? is still pending before Judge Choate of Orange County Superior Court resulting in no settlement.
Deliberation
3/4 to 1½ hours
Poll
11-1
Length
8 days
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