Facts

On April 16, 2007, Richard Ruesga was working at a construction site for Saddleback Development Corp. He attempted to find a plug for power tools by climbing onto an electric generator owned by Aggreko LLC, and was shocked when touching the generator and a fence. As a result, he fell from the generator and filed an action alleging negligence against Aggreko.

PLAINTIFF'S CONTENTIONS:
Plaintiff argued that the generator, which was allegedly not placed on the ground properly, caused the shock.

DEFENDANT'S CONTENTIONS:
Defendant claimed that the generator did not cause the shock, arguing that the amount of current from the generator would have injured plaintiff to a greater degree.

Settlement Discussions

The last demand was $2.6 million. Offer was $25,000.

Damages

Plaintiff sought $102,101.44 in medical specials, $21,000 in future medical costs, $9,209 in past lost wages, $283,000 in future lost wages, $124,000 in past pain and suffering, and $423,000 in future pain and suffering.

Injuries

Plaintiff suffered decreased range of motion, electric shock, fractured humerus, hardware implanted, internal fixation, open reduction, screws, and steroid injection. He received physical therapy.

Result

The jury awarded plaintiff $962,310.22, which was reduced to $634,110.44.

Other Information

Cross-complaint still pending against Saddleback Development. HANIF motion still pending. INSURER: Chartis was an insurer.

Deliberation

1.5 days

Poll

11-1

Length

six days