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Personal Injury (Non-Vehicular)
Construction Site Accident
Negligence

Daniel Adkins v. North County Materials, H.G. Fenton Co., Scott Lewis

Published: Jun. 17, 2000 | Result Date: May 26, 2000 | Filing Date: Jan. 1, 1900 |

Case number: N078032 Verdict –  $0

Judge

David B. Moon Jr.

Court

San Diego Superior


Attorneys

Plaintiff

Michael Harris

Dennis A. Schoville


Defendant

Kevin Taylor

Paul A. Buckley
(Taylor Anderson LLP)

Bruce S. Bailey

John D. Klinedinst


Experts

Plaintiff

Roberta J. Spoon
(technical)

Donald L. Asa
(technical)

Walter Strausser
(medical)

Charles F. Landers
(medical)

Gerald F. Zamiski Ph.D.
(technical)

Jerry L. Hildreth
(technical)

Jeffrey M. Schiffman
(medical)

Jon B. Landerville P.E.
(technical)

Richard D. Jones
(Jones Mayer) (technical)

Robert J. Neborsky
(medical)

Michael A. Lobatz
(medical)

Defendant

Rick Barrett
(technical)

Dominick Addario
(medical)

John A. Aalbers
(medical)

Dino Perugino
(technical)

Robert B. Hall Ph.D.
(technical)

John B. McDowell
(technical)

Cary P. Mack
(technical)

Facts

On May 13, 1997, plaintiff, a 26-year-old laborer for Lusardi Construction, was using a vibrator to
smooth out concrete on a construction site. Lusardi, the general contractor, was placing concrete tilt-up panels.
DefendantÆs concrete truck was driven by Scott Lewis and was signaled by a chute man employed by Lusardi.
The chute man directed the truck backward toward the area where they intended to pour the footings for trash
enclosure panels. The truck was traveling backward at approximately 1-2 mph when the end of the chute hit
the 5000-pound concrete tilt-up panel, knocking it onto and crushing plaintiff, who was standing on the other
side. Plaintiff was trapped underneath the 5,000-pound wall until a skycrane could remove it.

Settlement Discussions

The plaintiff demanded $2,750,000 before trial, reduced to $2 million during trial. The defendants offered $1,175,000 before trial, raised to $1.5 million before closing argument.

Specials in Evidence

$600,000 $35,000 $728,000 $450,000

Injuries

The plaintiff was in a drug induced coma for approximately one month because of respiratory complications. After he came out of the coma, he was on a tracheostomy for another four weeks. He suffered pulmonary contusions, fracture of the left femur and pelvis, concussion, ARDS, chronic pleuritic pain of the left chest, heterotopic bone formation in the femur and thighs, deformity of the sacrum, permanent neurological injuries from S1-S4, fractured ribs, knee pain, atrophy in his foot, post-traumatic stress disorder, depression, anxiety, panic attacks, nightmares, bowel and bladder dysfunction secondary to sacral nerve damage, sexual dysfunction including extreme pain upon erection, left lateral cutaneous neuropathy, cervical strain, sinusitis, and toxic metabolic encelopathy. Plaintiff underwent three orthopedic surgeries. Plaintiff was taking 120 mg of morphine per day and claimed he could never return to work.

Deliberation

one day

Poll

9-3

Length

24 days


#106897

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