CASE NAME: D.W. v. HUNT ENTERPRISES
JURISDICTION: LOS ANGELES SUPERIOR COURT
SOUTH WEST DISTRICT-TORRANCE
CASE DESCRIPTION: Plaintiff D.W., a carpenter while going to work at a job site located in an appartment complex got his left arm crushed by an automatic iron gate while he was in the process of attempting to walk through the gates opening while carrying his tool box .
CASE TYPE: PERSONAL INJURY-PREMISES LIABILITY-NEGLIGENCE
PLAINTIFFS CONTENTION: Plaintiff D.W. contended that the owner of the apartment complex was negligent in not properly maintaining the gate so that it operated safely thereby preventing injury to those entering through it. At the trial plaintiff produced an expert witness who testified that a retractable device which would automotically reverse the gate upon contact was simple to install and very inexpensive.
DEFENDANTS CONTENTION: Defendants contended that plaintiff D.W. was negligent and brought about his own injuries by trying to beat that gate from closing on him. Defendants further contended that the automatic gate was for vehicle not pedestrian use and polaintiff could have used other means to enter the apartment complex.
DAMAGES: Plaintiff sustained a compound fracture of the ulnar, humorus and radius requiring 3 surgeries. Permanent damage - 10 % loss of use.
PLAINTIFFS MEDICAL EXPERT: Dr. Hugo V. Ceasar M.D. Orthopedist
DISPOSITION: JURY TRIAL - 10 days.
SETTLEMENT DISCUSSIONS: Defendants offered $20,000.00 at the MSC. On the day of trial prior to jury selection the offer was increased to $50,000.00. While the trial wa in progress the defense increased their offer to $80,000.00. While the jury was in deliberation the offer was increased to $300,000.00..
RESULT: The jury returned a verdict in favor of plaintiff for $619,000.00 finding plaintiff 20% negligent.
PLAINTIFFS ATTORNEY:
Edward Jesse Hegel of
The Law Offices of Lunetto and Hegel
During the trial plaintiff turned around and sued the insurance carrier CNA for not making a good faith offer when liability was reasonably clear. Plaintiffs counsel Edward Jesse Hegel settled with the carrier for an additional $250,000.00.
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Lunetto & Hegel
Attorneys at Law
2000 East Fourth Street
Suite 120
Santa Ana, California 92705
PERSONAL INJURY: