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Verdicts / Settlements - DefendantsAnita Holguin, et al. v. State of California
CASE NO.: YC 018 403
VERDICT DATE: July 25, 1996 CASE TYPE: Construction Site Accident/Wrongful Death RESULT: $3,399,825; (Judgment notwithstanding the verdict entered in favor of State of California, Department of Transportation by order of the Court of Appeals, see NOTES below). SPECIALS: $1.5 million future loss of earnings INJURY: Wrongful death of husband/spouse and father of two minor children and one adult child; earning capacity of $45,000/year. Plaintiffs' Decedent was 16 years old when he married Plaintiff wife, who was then 13. They were married 19 years. The family was very close and Decedent was involved in community/youth activities. Decedent was within one year of completing his union apprenticeship program. COURT: L.A. County Superior Court, Inglewood JUDGE: Homer L. Garrott SUMMARY: Bridge falsework collapses causing carpenters to fall; Male, 36, death PLAINTIFF ATTORNEY: Stolpman, Krissman, et al., By: Dennis M. Elber, Long Beach DEFENDANT ATTORNEY: Knopfler and Robertson , By: James Patton and William Kelsberg, Universal City Facts:On November 30, 1992 falsework for the 105/405 bridge interchange collapsed causing the death of Plaintiff and severe injury to two coworkers, all of whom fell 30 feet. Plaintiff, age 36, was a falsework apprentice carpenter employed by Kasler Corporation. For the facts surrounding this case, see our report on Warner v. State of California in this issue. This case was bifurcated on liability and consolidated with two others for the liability phase. Damages were tried separately for each Plaintiff Plaintiff:That the collapse of the falsework was foreseeable by Defendant State Dept of Transportation (Caltrans). Defendant:Contended that Kasler was in complete control of the job site. Defendant contended that Decedent's earning capacity at Kasler was not reflective of his entire earning history, which history documented a number of years of very low earnings; that the Decedent's lostearnings should be based on a tenyear work history and not just his earnings over four years as a Kasler union employee. Defendant further contended that the Decedent's earning capacity should not extend to age 65. that Plaintiffs failed to deduct any amount for personal consumption. Demand:$4 million for all three Plaintiffs (no discussion as to individual case once it became clear Defendant was not going to offer more than $500,000 total). Offer:$500,000 total to all three Plaintiffs. Verdict:$3,399,825 net of $6,071,700 gross verdict ($1,321,700 economic and $4.75 million noneconomic damages) with Defendant Caltrans held 43.75% liable and employer Kasler Co. held 56.25% liable. Jury Poll:120 to 93 on variety of special verdict questions Trial Time:38 days JURY OUT: 2 ‡ days on liability; 2 days on damages Notes:On September 25, 1995, Judge Garrott ordered a new trial on liability, finding that there was insufficient factual basis for a finding of liability against the State on actions for dangerous condition of public property and negligence. Plaintiff's appealed the order for a new trial and Defendant's counter-appealed the trial court's denial of their motion for judgment notwithstanding verdict. On July 9, 1998 the Second Appellate Court remanded the matter to the Superior Court, directing it to enter judgment in favor of the State of California. The California Supreme Court denied Plaintiff's Writ of Review. See Neubauer's Confidential Report for Attorneys No.: 7733 |