Confidential
Settlement – $945,000Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Rene J. Kern Jr.
(Kern Law Group)
Experts
Plaintiff
Mark Montgomery
(medical)
Craig Bertollet
(technical)
Facts
The plaintiff, a 40-year-old carpenter, was using a miter saw when his hand slipped off the operating handle and
made frontal contact with the spinning saw blade. The blade guard had numerous cracks and chips which
caused it to hang up on the work piece. The plaintiff moved the blade guard out of the way in order to make a
cut. The blade guard was suspended by gravity and upon contact, moved away from the user.
As a result of the accident, the plaintiffÆs three fingers of his left hand were amputated, requiring six surgeries.
The saw manufacturer claimed that the safety cover prevents contact with blade but the plaintiff discovered
more than 50 prior amputations of fingers and hands, allegedly proving that the safety cover did not prevent
contact with the blade. The manufacturer subsequently changed the design so the blade guard pivoted toward
the user and also fully enclosed the front of the blade guard. The manufacturer also failed to include a vise to
hold the work piece, despite statements in its manuals that "a work piece should be gripped only with a vise."
Prior and subsequent models saws did contain a vise as standard equipment.
Settlement Discussions
The plaintiff demanded $1.5 million and the defendant offered $945,000 at a mediation prior to trial.
Injuries
The plaintiff sustained the amputation of three fingers of his left hand which required six surgeries. As a result of severed nerves in his hand, the plaintiff still experiences severe pain which causes him to take six extra strength Vicodins a day. The plaintiff requires an implanted spinal pain stimulator to help resolve his intense pain. The plaintiff is unable to work as a carpenter or to engage in the many activities and hobbies that he enjoyed doing prior to the accident. The defendant did not dispute the severity of the plaintiffÆs injury.
Other Information
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