Royal Austin Bryant v. McKee Construction, Superior Weatherproofing, Menton & Johnson, et al.
Published: Jul. 29, 1995 | Result Date: Jun. 5, 1995 | Filing Date: Jan. 1, 1900 |Case number: NVC23801 – $0
Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Defendant
Anthony P. Serritella
(Law Office of Anthony P. Serritella)
Experts
Plaintiff
Jerry L. Hildreth
(technical)
Defendant
Milton Meckler
(technical)
Kearn Hinchman
(technical)
Facts
On June 29, 1989, Plaintiff Royal Austin Bryant, a 28-year-old journeyman sheet metal worker, was on the roof of a 2-story industrial building under construction. He was installing metal flashings for weatherproofing, while roofers worked elsewhere on the roof. As Plaintiff was kneeling with his back turned, someone behind him removed a wooden cover that protected a 4-by-4-foot opening that would later accommodate ventilation ducting. Plaintiff stood up, stepped back, and fell through the hole, 14 feet to the floor below.
Settlement Discussions
Plaintiff contends that his pretrial demand was $120,000 and Defendants made no offers.
Specials in Evidence
$8,070 $54,339
Injuries
Comminuted fractures of the left shoulder. Treatments and/or surgeries, current and/or future as well as residuals, were not disclosed.
Result
The jury made the following special findings: Defendant Superior's negligence caused the accident (12-0); Defendant McKee was negligent, but no causation (11-1); Defendant Menton & Johnson was not negligent (12-0); Plaintiff's comparative negligence was 20% (9-3)
Other Information
A prior arbitration by Dennis Slee, Esq., requested in a Plaintiff's award of $120,000; trial de novo by Defendant McKee Construction. Plaintiff had previously settled with the property owner for $4,000. Cross-complaints for express contractual indemnities among the various Defendants were severed from this trial and will be tried separately.
Deliberation
1.5 days
Poll
varied
Length
3 weeks
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