SETTLEMENT : Winch device failed seriously injuring ironworker
On June 25, 1991, a 43-year-old ironworker was using a device described as a Come-A-Long to assist his fellow coworkers in the lowering of a heavy object. However, the Come-A-Long failed during the course of this maneuver and caused serious injuries to the ironworker’s lower back.
The ironworker would later need to undergo two extensive back surgeries, including a first fusion which unfortunately did not take. He was facing a permanent loss of earnings between $40,000 and $60,000 a year, in addition to a $240,000 workers’ compensation lien on medical and disability payments, when he retained the services of Lawrence R. Booth and Donald J. Beck to represent him in a product liability lawsuit against the manufacturers of the Come-A-Long.
The Plaintiffs argued that the Come-A-Long ought to have had a gauge to measure whether the device was being overloaded, as well as a warning device known in the industry as a shear pin and that the failure to have such a precautionary device constituted as product liability. The Plaintiffs pointed to the manufacturer’s later models, which had both measuring gauges and divided the load between two separate gears to minimize the risk of bushing failure, as evidence that the manufacturer knew the danger in the older design.
Ultimately, the lawsuit was settled out of court for a total of $1,000,000 with the assistance of Paul Fritz of Creative Dispute Resolutions out of Santa Barbara.
“Because of Roger’s experience and professionalism, I was able to focus on the others things I needed to do for my brother to care for him during this time. He was a godsend, and I would highly recommend Roger and his staff.”
– Penny Vincelli
“Mr. Booth did an incredible job resolving the case for us, and we are very thankful for the successful ending to our lawsuit. Thank you for your hard work Mr. Booth. You will always be our family lawyer and friend.”
– Sam Kirakosyan
“We felt lucky like we were referred to Booth & Koskoff by someone we trusted. Richard’s professionalism and tenacity showed that he definitely was in our court.”
– John Mahoney
My family experienced a tremendous loss as a result of my father’s death. During the entire process of investigation and settlement of our case, we were treated with the utmost professionalism by the Booth & Koskoff attorneys and staff.
– Dale Magner
When I met with Roger, he was honest, genuine, and straight-forward on how we would proceed. Roger took a leap of faith when taking this case. He trusted what I said to be true, and wasn’t afraid to proceed.
– Cynthia Mitchell
The lawyers and staff at Booth & Koskoff were efficient, thorough, helpful and always available, even on weekends. I am very pleased with my overall experience, and I would recommend Booth & Koskoff to anyone who needs an excellent attorney.
– Keith Schultz
“From the moment I contacted Booth & Koskoff from my hospital bed to the eventual settlement of my case, I experienced nothing but outstanding assistance and representation.”
– Claire Rexon