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
Court
L.A. Superior Pasadena
Attorneys
Plaintiff
Defendant
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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