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Torts
Product Liability
Negligence

Ricardo Soto v. Michael Byrne Manufacturing Inc.

Published: Aug. 9, 2001 | Result Date: Jun. 26, 2001 | Filing Date: Jan. 1, 1900 |

Case number: GC023773 Verdict –  $0

Judge

J. Michael Byrne

Court

L.A. Superior Pasadena


Attorneys

Plaintiff

Louis DeWitt


Defendant

Sean W. Daugherty

Timothy M. Younger
(Younger & Associates)


Experts

Plaintiff

Hami Kazerooni
(technical)

Albert Rappaport
(medical)

Defendant

Michael Beard
(technical)

Jerry J. Dunham
(technical)

Facts

On Aug. 27, 1998, the plaintiff, a 36-year-old laborer, was working in a 30-foot deep pit next to a horizontal earth
boring machine manufactured by the defendant. The plaintiff was guiding a clamshell bucket attached to a
crane which removes the dirt from the pit. The plaintiffÆs leg went into the soil ejection opening and was
amputated by the rotating soil ejection paddles. The opening had a safety door which was left open by the
plaintiffÆs employer while the machine was operating.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $2,499,999. The defendant made a C.C.P. Section 998 offer of $20,000.

Specials in Evidence

$14,000 $1.4 million (future prosthetics)

Injuries

The plaintiff suffered below the knee amputation of right knee. Later surgery required to extend amputation to above the right knee.

Other Information

The plaintiff settled with the general contractor and shoring architect for a total of $51,500.

Deliberation

40 minutes

Poll

12-0 (no defect in product), 12-0 (no negligence on the part of the manufacturer of the machine)

Length

six days


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