 |
 |
 |
 |
 |
 |
 |
|
Verdicts / Settlements - Defendants"Doe Contractor"
CASE NO.: C759268
VERDICT DATE : October 21, 1992 TOPIC: Construction Accident: High Rise Building RESULT : $1,551,000 gross; $1,138,000 net (verdict). $651,000 economic and $900,000 noneconomic. $1,138,000 net after offsets for comp. lien and % negligence. SPECIALS: Medical Costs: $30,000 future for surgery; Loss of Earnings: $134,000 past, $487,000 future; Comp. Lien: $31,000 approximately INJURY: Herniated disc at L5S1. Treatment: Surgery recommended. Residuals: Pain and stiffness in low back, pain and weakness in left leg. Plaintiff has not been able to work doing dry wall. AREA : L.A. Central JUDGE: Loren Miller PLAINTIFF ATTORNEY: Thomas L. Hoegh (Lewis, Marenstein, Wicke & Sherwin), Los Angeles DEFENDANT ATT0RNEY: Kevin M. Davis (Mager, Knopfler , Pierson & Robertson ), Universal City Facts4/28/89: Plaintiff, a 40 yearold carpenter, was employed by subcontractor Martin Brothers. He was installing coreboard in the elevator shaft of an 8th floor high rise building in downtown Los Angeles. Defendant "Doe Contractor" was the general contractor. As Plaintiff was installing coreboard adjacent to the elevator shaft, a gust of wind caught the coreboard and started to carry Plaintiff and the coreboard down the shaft. Plaintiff pulled the coreboard back away from the shaft; however, he injured his lower back. Plaintiff went on vacation and reported the injury 10 days later. Plaintiff Claimed"Doe Contractor" failed to provide adequate safety measures during the installation of the coreboard. Safety rails and/or lifelines were not used during the installation. Violations of Federal OSHA. The negligence of his employer is imputed to Defendant "Doe Contractor" under the doctrine of peculiar risk. Defendant Argued"Doe Contractor" had no duty to provide guardrails or safety lines. This was an operative detail of the work which should have been provided by the subcontractor. The doctrine of peculiar risk does not apply. Plaintiff did not fall down the elevator shaft. The alleged injury arose under the operative details of the work rather than the method or plan of the work. Insurance CompanyBeaver Insurance Company Offer$7,500 CCP 998 Demand$300,000 lowered to $95,000 before trial. Trial Time5 days Jury Time3 days Poll111 liability, 93 damages Jury found the Plaintiff 8% negligent, employer 23% negligent and Defendant 69% negligent. There is a motion for a new trial. TriService Reference No. 925001 |