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Verdicts / Settlements - DefendantsDaniel Torres v. State of California
CASE NO.: YC 018 403
VERDICT DATE: July 25, 1996; CASE TYPE: Construction Site Accident RESULT: $1,097,720; (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: $900,000 $1 million loss of earnings capacity INJURY: Mild postconcussion syndrome/brain damage which gradually resolved over the next few months except for permanent partial hearing loss (treated with hearing aid) and a visual convergency insufficiency (treated with eye glasses). Plaintiff also suffered a severe back strain and shoulder impingement syndrome which were treated with extensive physical therapy. He claimed personality changes as a result of the collapse and its sequelae. COURT: L.A. County Superior Court, Inglewood JUDGE: Homer L. Garrott PLAINTIFF ATTORNEY: Stolpman, Krissman, et al., By: Dennis Elber, Long Beach DEFENSE ATTORNEY: Knopfler and Robertson , By: James Patton and William Kelsberg, Universal City SUMMARY: Bridge falsework collapses causing carpenters to fall; Male, concussion with partial hearing loss, vision problem, shoulder impingement, back strain FactsOn November 30, 1992 falsework for the 105/405 bridge interchange collapsed causing substantial injury to Plaintiff, severe injury to one coworker and the death of a second coworker, all of whom fell 30 feet. Plaintiff, age 36, was a falsework apprentice carpenter employed by Kasler Corporation. This case was bifurcated on liability and consolidated with two others for the liability phase. Damages were tried separately for each Plaintiff. PlaintiffThat the collapse of the falsework was foreseeable by Defendant State Dept of Transportation (Caltrans). DefendantContended that Kasler was in complete control of the job site. As to damages, that Plaintiff's injuries were largely resolved; that his back strain and shoulder impingement syndrome should not preclude him from doing carpentry work; that to whatever extent Plaintiff's injuries were limiting him, they were not the result of this accident but were due to an onthejob injury that occurred about 1-1/2 years after this accident; that his shoulder problems were also due to jobrelated duties following this accident. Defendant argued that Plaintiff made more in carpentry following his injury than he ever had before; that he could continue to work in carpentry; that if Plaintiff had to leave the carpentry work force, Plaintiff could be retrained into another job in which his lifetime lost earnings would only be several hundred thousand dollars. Verdict$1,097,720 net of $1,660,220 gross verdict ($660,220 economic and $1.0 million noneconomic damages) with Defendant Caltrans held 43.75% liable and employer Kasler Co. held 56.25% liable. On Sept. 25 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. Jury Poll120 to 93 on variety of special verdict questions Trial Time38 days Jury Out2 ‡ days on liability; 2 days on damages See Neubauer's Confidential Report for Attorneys, No.: 7735 |