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PERSONAL INJURY Product Liability (Defective Product) Dangerous Condition SETTLEMENT: $303,800 total CASE/NUMBER: Case I.D. Confidential COURT/DATE: L.A. Superior Central . JUDGE: Hon. S. James Otero, Dept. E DISBURSEMENT: $250,000 to Plaintiff; $50,800 to Plaintiff-in-Intervention - $300,800 total paid to all Plaintiffs. TECHNICAL EXPERTS: Plaintiff – Herbert A. Painter, safety engineer, L.A.; Ronald B. Harper, Ed.D., rehabilitation, Beverly Hills; Stephanie Rizzardi, economist, Pasadena Defendant – George M. Brinton, Ph.D., economist, L.A. MEDICAL EXPERTS: Plaintiff – Clarence Shields, M.D., orthopedic surgeon, L.A.; Roy H. Simon, M.D., orthopedic surgeon, L.A.; Sheldon Sheklow, physical therapist, L.A.; Warren Jones, Pasadena Defendant – Phillip Kanter, M.D., orthopedic surgeon, Beverly Hills FACTS: The Plaintiff, a 25-year-old season laborer, was in the course and scope of his employment and was throttling up a backpack-type leaf blower when the blower broke. Portions of the blower penetrated his left arm near the left elbow. The blower was manufactured by the Defendant. The part which broke was manufactured by a subcontractor who was not named.. CONTENTIONS: Plaintiff contended that the blower was designed and manufactured defectively and, thereby, caused his injury. Defendant contended that the machine was designed properly and that any problem with the machine was due to a manufacturing defect by the subcontractor. INJURIES: Injuries to the left ulnar nerve, including ulnar neuritis and ulnar contusion requiring an anterior ulnar nerve transposition; peripheral neuralgia of the left ulnar nerve; arthritic joint pain in the left elbow; permanent residuals to the left arm, including loss of strength and pain. Plaintiff claims that he can no longer perform his job duties as a result of the accident. DAMAGES: Plaintiff-in-Intervention claimed damages of $72,800 for medicals, temporary disability, and rehabilitation training. SPECIALS IN EVIDENCE: MEDS $28,513; Future MEDS $50,000; LOE (Loss of Earnings) $25,600; Future LOE $131,800 to $235,800. SETTLEMENT DISCUSSIONS: Defendant contends it offered $240,000 and Plaintiff made a 998 demand in the amount of $675,000 later reduced. |
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