Facts

In May 2014 plaintiff, 33, was injured when he fell four feet from a rolling scaffolding while he was installing ceiling tile. The scaffolding tipped over and caused plaintiff to fall when it rolled over a hidden hole on the carpeting below. Plaintiff sued East Bay Floorcovering Inc., the company who installed the carpeting, and EMT Electric Inc., who drilled the concrete holes underneath the carpet.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants were liable for his injuries because the concrete holes and carpeting which covered the holes constituted a dangerous condition.

DEFENDANTS' CONTENTIONS:
EMT Electric contended that it placed cones around the holes but East Bay contended that when it came to install the carpeting, there were no cones.

Injuries

Plaintiff contended that he sustained injuries to his neck, back and shoulder, ultimately underdoing rotator cuff repair surgery. He claimed that his injuries caused a permanent decrease in his range of motion in his neck, back and shoulder that prevented him from returning to his previous employment as a ceiling installer.

Result

The jury returned a verdict for plaintiff, finding East Bay 45 percent at fault, EMT Electric 45 percent at fault, and plaintiff 10 percent at fault. It awarded plaintiff $1,323,716.28 ($1,191,344.65 after apportionment).