Facts

On June 3, 2005, Bryndon Michener was eating in a cafeteria at Mercy Medical Center Redding (Mercy). Because it was near closing time, a metal security gate in the cafeteria was partially closed. Michener walked into the gate hitting his forehead. Michener sued Catholic Healthcare West, dba Mercy.

PLAINTIFF'S CONTENTIONS:
Michener claimed that the lowered gate constituted a dangerous condition, which resulted in him hitting his head. He claimed that the impact caused him to bend backwards and fall on one knee.

DEFENDANT'S CONTENTIONS:
Mercy claimed that lowering the gate was not negligence, and there was no duty to warn of an open and obvious condition. Moreover, they claimed that the force with which Michener hit the gate could not have caused the alleged injuries; the injuries alleged were either previous conditions or physical manifestations of underlying psychological problems; and the description of his fall was inconsistent with the biomechanics involved.

Settlement Discussions

During settlement negotiations, Michener offered to settle for $75,000; Mercy offered to settle for $1,000.

Specials in Evidence

$34,430; $300,000

Damages

Michener claimed that he incurred both past and future medical costs.

Injuries

Michener claimed the impact and the fall caused multiple orthopedic injuries. He claimed to have suffered whiplash and a herniated lumbar disk requiring surgical fusion.

Result

The jury found that Mercy was not negligent in its use or maintenance of the property.

Length

six days