BOSTICK v. FLEX EQUIPMENT COMPANY, INC., PART I

BOSTICK v. FLEX EQUIPMENT COMPANY, INC.,

Filed 1/29/07

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

            APPEALS from judgments of the Superior Court of Los Angeles County, Robert  H. O'Brien, Judge.  Judgment on the complaint affirmed, and judgment on the cross-complaint reversed.

            Smith, Chapman & Campbell, Steven C. Smith, William D. Chapman and Robert  J. Hadlock for Plaintiff and Appellant.

            Horvitz & Levy, David S. Ettinger, S. Thomas Todd; Callahan, McCune & Willis and John J. Tasker for Defendant, Cross-defendant and Appellant.

            No appearance for Cross-complainant and Respondent.

INTRODUCTION

            Harold L. Bostick suffered severe, disabling injuries while working out at Gold's Gym, Inc. (Gold's Gym) on weight‑ lifting equipment manufactured by Flex Equipment Company, Inc. (Flex).  Bostick sued both Flex and Gold's Gym.  Gold's Gym cross‑ complained against Flex for equitable indemnity.  The cross-complaint was severed for separate trial.  Prior to the conclusion of the trial on the complaint, Bostick entered into a settlement with Gold's Gym for $7.3  million.  The jury returned a verdict awarding Bostick nearly $3.3  million in economic damages and $13  million in noneconomic damages, and later awarded $1 in punitive damages.  The jury apportioned 90  percent of the fault to Flex, 10  percent to Bostick, and 0  percent fault to â€