Russell Cope and Deena Cope v. Texaco Refining and Marketing Inc.
Published: Aug. 16, 1997 | Result Date: May 5, 1997 | Filing Date: Jan. 1, 1900 |Case number: NC016943 Verdict – $10,100,000
Judge
Court
L.A. Superior Central West
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Mark S. Sanders Ph.D.
(technical)
John F. Perry
(technical)
Tamorah Hunt
(technical)
Raymond Friedman
(medical)
Barton H. Wachs
(medical)
Ivar Szpers
(medical)
Donna M. Barras
(medical)
Martin D. Levine
(medical)
James D. Leo M.D.
(medical)
Sandra Schneider
(medical)
Defendant
Richard A. Schmidt
(technical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Michael P. Ward
(technical)
Richard C. Warner
(technical)
John R. Brault M.S.
(technical)
Robert S. Cooper
(medical)
Facts
On Nov. 19, 1994, plaintiff Russell Cope, a 53-year-old general foreman for an insulation asbestos removal company named Metalclad, was working on site at the Texaco Refinery in Wilmington. Cope had been working on site for several years leading up to the time of the subject incident. The subject incident happened at approximately 7:30 to 8 a.m. Cope was walking toward a 42-foot rusty metal chain suspended between two poles. The chain was reportedly 12 to 18 inches off the ground at its lowest point. As the plaintiff got to the chain, he tripped and fell over the chain, landing face first on the ground and causing him to suffer a cervical spine injury and immediate paralysis of the lower extremities as well as paralysis of his hands. The plaintiffs, the injured man and his wife, as well as Golden Eagle Insurance Co., brought this action against Texaco based on a negligence theory of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $2,999,9999. The defendant made a C.C.P. º998 offer of compromise for $640,000 to the plaintiff husband and $10,000 to the plaintiff wife. The intervenor made a C.C.P. º998 offer of compromise to defendant Texaco for $125,000.
Specials in Evidence
$200,000 $150,000 $300,000 $1.3 million
Injuries
The plaintiff husband claimed he suffered a cervical spine injury, resulting in temporary paralysis of his legs and hands. Approximately four days after the incident, the plaintiff husband underwent a corpectomy. He was hospitalized for six weeks and underwent extensive occupational and physical therapy. The plaintiff husband ultimately regained the ability to walk utilizing a cane. The plaintiff husband also continued to suffer from some spasticity and neurological impairment in all four extremities and was diagnosed as quadraparetic. The plaintiffs claimed his condition ceased to improve at approximately one year post incident. The plaintiff husband never returned to work.
Other Information
The verdict was reached approximately one year and eight months after the case was filed. An arbitration was held in August 1996 before Judge Carroll Dunnum, retired, resulting in a $1.5 million net award for the plaintiff husband and a $35,000 net award for the plaintiff wife. Defendant Texaco requested a trial de novo. The intervenor submitted a cost bill and demand for attorney's fees of over $90,000. The plaintiffs submitted a cost bill of approximately $570,000 (inclusive of prejudgment interest). defendant Texaco was successful in taxing the plaintiff's cost bill by about $2,500. Defendant Texaco's pretrial motion to bifurcate was denied. POST TRIAL MOTIONS: Defendant Texaco made motions for judgment notwithstanding the verdict and for new trial (for alleged jury misconduct, quotient verdict, insufficient evidence and errors of law) and remittitur. All were denied. Texaco has appealed.
Deliberation
5 days
Poll
10-2 (liability), 9-3 (damages)
Length
15 days
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