California Verdicts

Plaintiff(s):

Bryan Zavala (Male, 16 Years)

Plaintiff Attorney(s):

Keith P. More;
Berman More Gonzalez;
Santa Ana,
CA,
for
Bryan Zavala ■ Gregory L. Bentley;
Shernoff Bidart Echeverria Bentley LLP;
Claremont,
CA,
for
Bryan Zavala ■ Clare H. Lucich;
Shernoff Bidart Echeverria Bentley LLP;
Claremont,
CA,
for
Bryan Zavala

Plaintiff Expert(s):

Brad Avrit;
P.E.;
Safety;
Marina del Rey,
CA called by
Keith P. More, Gregory L. Bentley, Clare H. Lucich ■ Richard Andersen;
M.S., C.V.E.;
Vocational Rehabilitation;
Westminster,
CA called by
Keith P. More, Gregory L. Bentley, Clare H. Lucich ■ Stephanie Rizzardi;
M.B.A.;
Economics;
San Marino,
CA called by
Keith P. More, Gregory L. Bentley, Clare H. Lucich

Defendant(s):

Newport-Mesa Unified School District

Defense Attorney(s):

Ric C. Ottaiano;
Lynberg & Watkins;
Orange,
CA,
for
Newport-Mesa Unified School District ■ Stephen M. Harber;
McCune & Harber, LLP;
Los Angeles,
CA,
for
Newport-Mesa Unified School District ■ Courtney L. Hylton;
Lynberg & Watkins;
Orange,
CA,
for
Newport-Mesa Unified School District

Defendant Expert(s):

Edward Bennett;
Vocational Rehabilitation;
Santa Barbara,
CA called by
Ric C. Ottaiano, Stephen M. Harber, Courtney L. Hylton

On Oct. 31, 2011, plaintiff Bryan Zavala, 16, a student of the Newport-Mesa Unified School District, was using a disc sander to taper a steel rod in a beginner’s metal shop class when his right, dominant hand got pulled into a gap between the machine and the edge of the work table. The machine’s wheel sliced into three of Bryan’s fingers, cutting through the bone of his middle finger. Bryan sued the Newport-Mesa Unified School District for violations under the United States Occupational Safety and Health Administration and that the machine constituted a dangerous condition for not being maintained, as well as for failures of the teacher to supervise and train the students. Bryan sued the Newport-Mesa Unified School District. Bryan alleged that the school district was negligent in the maintenance of the disc sander, creating a dangerous condition in violation of the United States Occupational Safety and Health Administration. He also alleged that the school district was for the failures of the teacher to properly supervise and train the students. Plaintiff’s counsel argued that the school district failed to maintain the sander in compliance with Cal-OSHA, 8 C.C.R. § 4313, which requires that the space between the sander’s revolving disc and the edge of the table be no greater than one-quarter of an inch. Counsel contended that, instead, the gap was three-fourths of an inch, which is three times greater than the Cal-OSHA safety standards allow. In addition, plaintiff’s counsel contented that Bryan’s metal shop teacher failed to demonstrate the proper use of the sander and failed to adequately test students on the use of the machine. Defense counsel argued that the machine did not constitute a dangerous condition and that Bryan was comparatively negligent due to the manner in which he tapered the steel rod.

Bryan suffered a degloving injury of his right hand. He was subsequently taken by ambulance to UC Irvine Medical Center, in Orange, where he received emergency treatment. Three weeks later, Bryan underwent a closed capsulotomy, and an osteochondral graft from the third toe on his left foot onto the index finger on his right hand. A few months later, in an effort to increase his range of motion, Bryan underwent a closed manipulation of his right hand under anesthesia. Bryan is currently undergoing hand therapy and constantly experiences daily pain in his right hand. He also has reduced grip strength and range of motion, which inhibits his ability to perform everyday tasks such as brushing his teeth, cutting his food and tying his shoes. Defense counsel argued that Bryan would suffer no future loss of earnings as a result of the injuries sustained.

The jury found for Bryan and awarded him $3,836,250.

Bryan Zavala: $396,250 Personal Injury: future economic loss; $975,000 Personal Injury: past non-economic loss; $2,465,000 Personal Injury: future non-economic loss

Judge:

John C. Gastelum

Demand:

$1.75 million (C.C.P. § 998)

Offer:

$150,000

Trial Length:

2
 weeks

Trial Deliberations:

1
 days

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.