Facts

On May 16, 2006, Sean Verma, a 42-year-old car wash cashier, was working at the Grand Prix Car Wash and Detail in El Sobrante. Due to the alleged negligence of several entities involved in the design and construction of the car wash, an oversized pickup truck failed to stop at the end of the car wash conveyor, and rolled downhill toward waiting customers. Verma attempted to stop the pickup but was crushed between it and a concrete planter.

PLAINTIFF'S CONTENTIONS:
Verma claimed premises liability against the property owners because the car wash exit area was too short for its intended use and it was followed by a downhill slope into the customer waiting area, which was a dangerous condition for which the owners had failed to inspect, warn or guard against.

Verma also claimed products liability against the car wash manufacturer for products liability for its failure to instruct and warn end users that having an exit area shorter than 20 feet would not allow sufficient distance for vehicles exiting the car wash to roll to a stop.

Verma claimed the specialty installer, civil engineer and several entities involved in the design and construction of the car wash were negligent because the car wash, as built, failed to include the manufacturer-recommended 20 feet of level pavement at the car wash exit. The design included a downhill slope into the customer waiting area, which was hidden danger when combined with the short level section. Plaintiffs contended the 20-foot level apron was intended by the manufacturer as a safety feature to allow vehicles enough room to roll to a stop and that it was negligent to fail to include it in the overall site design.

Injuries

Verma sustained severe crush injuries to his trachea, cervical spine and shoulder. He sustained vocal cord paralysis, which caused him increasing breathing difficulties. Cervical fractures at C5-6 required immediate fusion surgery. He also suffered pain and limitations due to his shoulder injuries. Verma contended he would not be able to return to work due to his orthopedic injuries and breathing difficulties caused by vocal cord paralysis.

Result

Verma settled with the property owners, product manufacturer, specialty installer and civil engineer for $3.8 million. In addition to the settlement with third party defendants, the workers' compensation case settled for an additional $767,000. The workers' compensation settlement included a Medi-Care Set Aside which will pay for all of Verma's future medical care for the rest of his life.