Facts

Plaintiff worked for AIS Construction. Plaintiff delivered a 60-ton crane to defendant, for defendant's transport to Pismo Beach on a low bed trailer. After the crane was on the trailer, the plaintiff then began operating the crane to add a man basket to the load. In the process, the crane tipped over and off the trailer. Plaintiff managed to jump from the crane cab, but his right foot was pinned under the fallen crane.

The plaintiff suffered severe crush injury to foot, requiring several surgeries. The plaintiff was in the course and scope of employment with the crane owner. The plaintiff pursued a Worker's Compensation claim.

PLAINTIFF'S CONTENTIONS:
The plaintiff and intervenor contended that defendants were responsible for loading operations; the defendant was negligent for activating the hydraulic lift on the trailer while plaintiff was loading the basket, and negligent for failing to chain the crane to the trailer before the commencement of boom operations.

DEFENDANT'S CONTENTIONS:
The defendant contended that the plaintiff was exclusively responsible for the accident; that the plaintiff was not an experienced or qualified crane operator.

Settlement Discussions

All parties submitted statutory offers. Plaintiff submitted an offer for $700,000. Defendant submitted an offer for $150,000 and to State Fund for $50,000. During settlement negotiations, defendant offered both plaintiffs a total of $220,000.

Damages

Right foot crush injury, four surgeries. Plaintiff also contended medical expenses, $159,749 past lost income, and approximately $780,625 total Special Damages.

Result

Defense. According to plaintiff's counsel, 11-1 for plaintiff that defendant was negligent, and 9-3 that defendant's negligence was not a substantial factor in causing plaintiff's injuries.

Other Information

Jason Fringer will continue to receive disability payments and lifetime medical care through State Fund.

Deliberation

four hours.

Length

13 days